§ 5716. Voting and rulings
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 51 Pa.C.S.A. Military AffairsEffective: October 24, 2013
Effective: October 24, 2013
51 Pa.C.S.A. § 5716
§ 5716. Voting and rulings
(a) Findings, sentences and challenges.--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) Questions of law and interlocutory questions.--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. However, the military judge may change the ruling at any time during the 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 5717 (relating to number of votes required), beginning with the junior in rank.
(d) Proceedings before military judge only.--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.
Credits
2012, Oct. 24, P.L. 1506, No. 192, § 2, effective in one year [Oct. 24, 2013].
51 Pa.C.S.A. § 5716, PA ST 51 Pa.C.S.A. § 5716
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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