Effective - 28 Aug 1984
40.165. Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law. — 1. 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. The military judge and, except for questions of challenge, the presiding officer 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 presiding officer of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, constitutes the ruling of the court.
3. Before a vote is taken on the findings, the 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 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 of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.
4. Subsections 1, 2, and 3 of this section 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 and impose 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.
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(L. 1984 H.B. 1035 § 52)
Structure Missouri Revised Statutes
Title V - Military Affairs and Police
Section 40.005 - Definitions — law applicable to all state military forces not in federal service.
Section 40.015 - Jurisdiction of military courts.
Section 40.020 - Apprehension defined — authority to apprehend, when.
Section 40.023 - Absent without leave, authority to apprehend — offender outside state, procedure.
Section 40.035 - Confinement, where.
Section 40.036 - Jails and prisons required to keep prisoners, when — official's duties.
Section 40.038 - Confinement requirements — other punishment prohibited — exception.
Section 40.055 - General courts-martial, jurisdiction — punishment.
Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.
Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.
Section 40.083 - Convening general courts-martial, persons authorized.
Section 40.085 - Convening special courts-martial, persons authorized.
Section 40.088 - Convening summary courts-martial, persons authorized.
Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.
Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.
Section 40.100 - Court reporters, appointment, when.
Section 40.108 - Charges — contents — oath — accused to be informed.
Section 40.119 - Referring charges for trial requirements to be met in general court-martial.
Section 40.124 - Procedure in military courts.
Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.
Section 40.133 - Continuances, granted, when.
Section 40.135 - Challenges, general or special court-martial.
Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.
Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.
Section 40.148 - Not guilty plea, entered when.
Section 40.150 - Witnesses and evidence, authority to obtain.
Section 40.155 - Contempt, authority of military court — penalties.
Section 40.170 - Sentence and findings announced, when.
Section 40.175 - Cruel and unusual punishment prohibited.
Section 40.178 - Punishment, governor may prescribe limits.
Section 40.185 - Sentence, convening authority may approve, suspend or commute.
Section 40.190 - Trial record review by reviewing authority.
Section 40.193 - Opinion on general court-martial — drafted by whom — acquittal, limitations.
Section 40.195 - Record returned for reconsideration, when.
Section 40.198 - Rehearing limitations — dismissal of charges, when.
Section 40.200 - Sentence, approval by convening authority — powers.
Section 40.205 - Record of trial examined by judge advocate — board of review to review, when.
Section 40.208 - Boards of review — appointment — membership — qualifications — powers and duties.
Section 40.218 - Probationer, violations — hearing, rights of probationer to counsel — procedure.
Section 40.220 - New trial, petition by accused when, grounds — time limitation.
Section 40.231 - Appeals from final decisions, how made.
Section 40.234 - Duty status required for conviction on certain offenses.
Section 40.237 - Principal in actions defined.
Section 40.240 - Assists offender, how punished.
Section 40.245 - Attempt to commit offense may be part of offense.
Section 40.250 - Attempt to commit offense even though failing in commission is offense, when.
Section 40.255 - Conspirators, deemed to have committed offense, when.
Section 40.273 - Desertion, defined — punishment by court-martial.
Section 40.276 - Absent from place of duty — court-martial.
Section 40.278 - Missing ship, aircraft or unit — court-martial.
Section 40.280 - Contemptuous words, used against certain officials — court-martial.
Section 40.285 - Disrespect to superior commissioned officer — court-martial.
Section 40.290 - Violence or willfully disobeying command of superior commissioned officer.
Section 40.300 - Orders — failure or dereliction in obeying — court-martial.
Section 40.305 - Cruelty or maltreatment of persons subject to his orders — court-martial.
Section 40.310 - Arrest, resists or breaks — escape from confinement — court-martial.
Section 40.312 - Escape by neglect or improper release of prisoners — court-martial.
Section 40.315 - False apprehension, arrest, confinement — court-martial.
Section 40.320 - Delay in case — failure to enforce regulation of proceedings — court-martial.
Section 40.325 - Hostile force, in presence of, commits certain offenses — court-martial.
Section 40.335 - Forcing a safeguard, court-martial.
Section 40.350 - Hostile forces, aid — court-martial.
Section 40.355 - Hostile forces, capture — conduct improper — court-martial.
Section 40.360 - Signs official documents with intent to deceive — court-martial.
Section 40.365 - Military property — sells, neglects, damages, destroys, loses — court-martial.
Section 40.370 - Property, not military — willfully, recklessly wastes or spoils — court-martial.
Section 40.385 - Fighting — promoting a fight or duel, failure to report — court-martial.
Section 40.387 - Avoiding work, duty or service — court-martial.
Section 40.390 - Riot or breach of the peace, causing or participating — court-martial.
Section 40.395 - Provocative gestures or words, constituting a threat of violence — court-martial.
Section 40.405 - Larceny or wrongful appropriation of property — court-martial.
Section 40.408 - Officer's conduct, unbecoming to an officer and a gentleman — court-martial.
Section 40.415 - Military property, purchasing or receiving in pawn or pledge — court-martial.
Section 40.425 - Oaths, persons having authority to administer.
Section 40.435 - Complaints against commanding officer, procedure.
Section 40.440 - Property of person damaged or taken, board convened to investigate, procedure.
Section 40.450 - Process or mandates, authority to issue.
Section 40.455 - Fines and costs imposed by military court, how paid.
Section 40.460 - Civilian officers to execute required duties, failure to perform, penalty.
Section 40.465 - Actions against convening authority or member of court, prohibited, when.
Section 40.470 - Jurisdiction presumed, burden of proof.
Section 40.475 - Governor's powers to delegate authority — exception.