Okla. Stat. tit. 44, § 44-851
This is the official text of Okla. Stat. tit. 44, § 44-851, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Voting and rulings
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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