Oklahoma § 44-851 - Voting and rulings

§ 44-851. Voting and rulings

ARTICLE 51. Voting and rulings.

A. 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 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 shall rule upon all questions of law and

all interlocutory questions arising during the proceedings. Any

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, except 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

them:

1. That the accused shall 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 shall be resolved in

favor of the accused and he or she shall be acquitted;

3. That, if there is reasonable doubt as to the degree of

guilt, the finding shall 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 government.

D. This section does 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 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.

Added by Laws 2019, c. 408, § 59, eff. Oct. 1, 2019.

Oklahoma Statutes - Title 44. Militia