2005 Idaho Code - 46-1139 — VOTING AND RULINGS

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1139.  VOTING AND RULINGS. (1) Voting by members of a general or
special court-martial on the findings and on the sentence shall be by secret
written ballot. The junior member of the court shall, in each case, count the
votes. The count shall be checked by the president, who shall forthwith
announce the result of the ballot to the members of the court.
    (2)  The military judge shall rule upon all questions of law and all
interlocutory questions. Such ruling made by the military judge upon any
question of law or any interlocutory question, other than the factual issue of
mental responsibility of the accused, is final and constitutes the ruling of
the court. However, the military judge may change the ruling at any time
during the trial.
    (3)  Before a vote is taken on the findings, the military judge shall, in
the presence of the accused and counsel, instruct the court as to the elements
of the offense and charge the court:
    (a)  That the accused must be presumed to be innocent until his guilt is
    established by legal and competent evidence beyond a reasonable doubt;
    (b)  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 must be acquitted; and
    (c)  That the burden of proof to establish the guilt of the accused beyond
    a reasonable doubt is upon the state.
    (4)  Subsections (1), (2), and (3) of this section do not apply to a
court-martial composed of a military judge only. The military judge of such a
court-martial shall determine all questions of law and fact arising during the
proceedings and, if the accused is convicted, adjudge an appropriate sentence.
The military judge of such a court-martial shall make a general finding and in
addition shall, on request, find the facts specially. If an opinion or
memorandum of decision is filed, it will be sufficient if the findings of fact
appear therein.