Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.

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Effective - 28 Aug 1984

40.210. Error of law, findings or sentence not incorrect unless prejudicial to rights of accused. — 1. 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.

2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

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(L. 1984 H.B. 1035 § 69)


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