2013 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1139 - VOTING AND RULINGS.
(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:
(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.
History:
[(46-1139), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 39, p. 212; am. & redesig. 1998, ch. 176, sec. 38, p. 646.]
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