10 U.S.C. § 851 : US Code - Section 851: Art. 51. Voting and rulings

Search 10 U.S.C. § 851 : US Code - Section 851: Art. 51. Voting and rulings

(a) Voting by members of a general or special court-martial on
the findings and on the sentence, and by members of a court-martial
without a military judge upon questions of challenge, 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 and, except for questions of challenge,
the president of a court-martial without a 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, or by the president of a court-martial without a
military judge upon any question of law other than a motion for a
finding of not guilty, is final and constitutes the ruling of the
court. However, the military judge or the president of a court-
martial without a military judge may change his ruling at any time
during trial. Unless the ruling is final, if any member objects
thereto, the court shall be cleared and closed and the question
decided by a voice vote as provided in section 852 of this title
(article 52), beginning with the junior in rank.
(c) Before a vote is taken on the findings, the military judge or
the president of a court-martial without a 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 must be presumed to be innocent until his
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 must be resolved
in favor of the accused and he must be acquitted;
(3) that, 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) that the burden of proof to establish the guilt of the
accused beyond reasonable doubt is upon the United States.
(d) Subsections (a), (b), and (c) 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 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.