{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-851","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-851","heading":"Voting and rulings","body":"ARTICLE 51. Voting and rulings.\n\nA. Voting by members of a general or special court-martial on\n\nthe findings and on the sentence shall be by secret written ballot.\n\nThe junior member of the court shall count the votes. The count\n\nshall be checked by the president, who shall forthwith announce the\n\nresult of the ballot to the members of the court.\n\nB. The military judge shall rule upon all questions of law and\n\nall interlocutory questions arising during the proceedings. Any\n\nsuch ruling made by the military judge upon any question of law or\n\nany interlocutory question other than the factual issue of mental\n\nresponsibility of the accused is final and constitutes the ruling of\n\nthe court, except that the military judge may change a ruling at any\n\ntime during trial.\n\nC. Before a vote is taken on the findings, the military judge\n\nshall, in the presence of the accused and counsel, instruct the\n\nmembers of the court as to the elements of the offense and charge\n\nthem:\n\n1. That the accused shall be presumed to be innocent until his\n\nor her guilt is established by legal and competent evidence beyond\n\nreasonable doubt;\n\n2. That in the case being considered, if there is a reasonable\n\ndoubt as to the guilt of the accused, the doubt shall be resolved in\n\nfavor of the accused and he or she shall be acquitted;\n\n3. That, if there is reasonable doubt as to the degree of\n\nguilt, the finding shall be in a lower degree as to which there is\n\nno reasonable doubt; and\n\n4. That the burden of proof to establish the guilt of the\n\naccused beyond reasonable doubt is upon the government.\n\nD. This section does not apply to a court-martial composed of a\n\nmilitary judge only. The military judge of such a court-martial\n\nshall determine all questions of law and fact arising during the\n\nproceedings and, if the accused is convicted, adjudge an appropriate\n\nsentence. The military judge of such a court-martial shall make a\n\ngeneral finding and shall in addition on request find the facts\n\nspecially. If an opinion or memorandum of decision is filed, it\n\nwill be sufficient if the findings of fact appear therein.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ccd5cda6ed1f59733808ba2263fbe3803c7686cd2b62b26e36b2d4c4215273da","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-850a","next":"us-ok/okla.-stat.-tit.-44-44-852"},"notice":"GroundRules: Original legal text. Not legal advice."}