C. Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge, in the presence of the accused and counsel, shall instruct the members of the court as to the elements of the offense and charge them:

1. 1. That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt.
2. 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. 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.
4. 4. That the burden of proof to establish the guilt of the accused beyond reasonable doubt is on this state.