Voting and rulings

(a) Voting by members of a general or special court-martial upon questions of challenge, upon the findings, and upon 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. (b) The military judge of a general or special court-martial shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of physical or mental responsibility of the accused is final and constitutes the ruling of the court; provided that the military judge may change a ruling at any time during trial. (c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge the court that: (1) The accused must be presumed to be innocent until the accused's guilt is established by legal and competent evidence beyond reasonable doubt; (2) 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 the accused must be acquitted; (3) 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) The burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the State. (d) This section shall not apply to a court-martial composed of a military judge only. The military judge of 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 a court-martial shall make a general finding and shall in addition 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.