Effect of Error of Law on Appeal; Material Prejudice; Lesser Included Offense

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Military Affairs
  5. Code of Military Justice
  6. Review of Courts-Martial
  7. Effect of Error of Law on Appeal; Material Prejudice; Lesser Included Offense

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  1. A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
  2. 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.

(Code 1981, §38-2-1059, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 222.

ALR.

- Review by civil courts of court-martial convictions, 15 A.L.R.2d 387.

Review by federal civil courts of court-martial convictions - modern cases, 95 A.L.R. Fed. 472.


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