§ 12-64-522 — Votes and rulings

(a) (1) Voting by members of a general or special court-martial upon question of challenge or on the findings shall be by secret written ballot. (2) The junior member of the court shall in each case count the votes. (3) The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court. (b) (1) The military judge of a general or special court-martial and the president of a special court-martial without a military judge shall rule upon interlocutory questions other than challenges arising during the proceedings. (2) Any such ruling made by the military judge of a general or special court-martial who is a member of the bar of the state upon an interlocutory question of accused's sanity is final and constitutes the ruling of the court. However, the military judge or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. (3) Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank. (c) Before a vote is taken on the findings, the military judge of a general or special court-martial and the president of a special court-martial without a military judge, in the presence of the accused and counsel, shall instruct the court as to the elements of the offense and charge the court: (1) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt; (2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and he or she must be acquitted; (3) That if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state. (d) If an accused is convicted in a general or special court-martial, the: (1) Military judge shall impose the sentence; and (2) Sentence imposed under subdivision (d)(1) of this section shall be considered the sentence of the court-martial.

Legislative History

Amended by Act 2023, No. 322,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 322,§ 4, eff. 8/1/2023. Acts 1969, No. 50, § 97; A.S.A. 1947, § 11-652; Acts 1987, No. 125, § 12.