§ 859. Art. 59. Error of law; lesser included offense

80 words·~1 min read·/usc/title-10/section-859

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(a)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.

(b)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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

The word “may” is substituted for the word “shall”.

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Notices
Notice of Proposed Changes to the Rules of Practice and and Procedure of the United States Court of Appeals for the Armed Forces
Notices
Notice of availability of Proposed Changes to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces

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Aug. 10, 1956, ch. 1041
70A Stat. 57

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§ 859

Art. 59. Error of law; lesser included offense

Fed. Reg.×3

ActAug. 10, 1956, ch. 1041

Stat.70A Stat. 57

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