10 U.S.C. § 859 — Art. 59. Error of law; lesser included offense
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 63 words · no verdicts yet
A legal error makes a court-martial finding or sentence incorrect only if it materially harms the accused’s substantial rights. A reviewing authority may affirm a lesser included offense.
(a) A court-martial finding or sentence is not considered wrong because of a legal error unless the error materially prejudiced the accused’s substantial rights.
(b) A reviewing authority that may approve or affirm a guilty finding may instead approve or affirm the part of that finding covering a lesser included offense.
A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 57.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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