This text of New York § 130.51 (Voting and rulings) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 130.51. Voting and rulings.
(a)Voting by members of a general or\nspecial court-martial on the findings and on the sentence, and by\nmembers of a court-martial without a military judge upon questions of\nchallenge, shall be by secret written ballot. The junior member of the\ncourt shall in each case count the votes, which count shall be checked\nby the president, who shall forthwith announce the result of the ballot\nto the members of the court.\n (b) The military judge and, except for questions of challenge, the\npresident of a court-martial without a military judge shall rule on all\nquestions of law and all interlocutory questions arising during the\nproceedings. Any such ruling made by the military judge upon any\nquestion of law or any interlocutory question other than the factu
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§ 130.51. Voting and rulings. (a) Voting by members of a general or\nspecial court-martial on the findings and on the sentence, and by\nmembers of a court-martial without a military judge upon questions of\nchallenge, shall be by secret written ballot. The junior member of the\ncourt shall in each case count the votes, which count shall be checked\nby the president, who shall forthwith announce the result of the ballot\nto the members of the court.\n (b) The military judge and, except for questions of challenge, the\npresident of a court-martial without a military judge shall rule on all\nquestions of law and all interlocutory questions arising during the\nproceedings. Any such ruling made by the military judge upon any\nquestion of law or any interlocutory question other than the factual\nissue of mental responsibility of the accused, or by the president of a\ncourt-martial without a military judge upon any question of law other\nthan a motion for finding of not guilty, is final and constitutes the\nruling of a court. However, the military judge or the president of a\ncourt-martial without a military judge may change his ruling at any time\nduring the trial. Unless such ruling be final, if any member objects\nthereto, the court shall be cleared and closed and the question decided\nby a vote as provided in section 130.52, viva voce, beginning with the\njunior in rank.\n (c) Before a vote is taken on the findings, the military judge or the\npresident of a court-martial without a military judge shall, in the\npresence of the accused and counsel, instruct the members of the court\nas to the elements of the offense and charge them--\n (1) that the accused must be presumed to be innocent until his guilt\nis established by legal and competent evidence beyond reasonable doubt;\n (2) that in the case being considered, if there is a reasonable doubt\nas to the guilt of the accused, the doubt shall be resolved in favor of\nthe accused and he shall be acquitted;\n (3) that if there is a reasonable doubt as to the degree of guilt, the\nfinding must be in a lower degree as to which there is no reasonable\ndoubt; and\n (4) that the burden of proof to establish the guilt of the accused\nbeyond reasonable doubt is upon the state.\n (d) Subdivisions (a), (b) and (c) do not apply to a court-martial\ncomposed of a military judge only. The military judge of such a\ncourt-martial shall determine all questions of law and fact arising\nduring the proceedings and, if the accused is convicted, adjudge an\nappropriate sentence. The military judge of such a court-martial shall\nmake a general finding and shall in addition on request find the facts\nspecially. If an opinion or memorandum of decision is filed, it will be\nsufficient if the findings of fact appear therein.\n