1. (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 in each case 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.
2. (b) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
3. (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
4. (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;
5. (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
6. (4) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
7. (c) Subsections (a) and (b) 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 decision is filed, it will be sufficient if the findings of fact appear therein.

Laws 1963, SB 277, c. 148, § 716, emerg. eff. June 6, 1963; Amended by Laws 1971, HB 1280, c. 232, § 14.