Art. 59. Error of law; lesser included offense

  1. Law
  2. USC 10
  3. Armed Forces
  4. General Military Law
  5. PERSONNEL
  6. UNIFORM CODE OF MILITARY JUSTICE
  7. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
  8. Art. 59. Error of law; lesser included offense

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

(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 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
859(a)

859(b)

50:646(a).

50:646(b).

May 5, 1950, ch. 169, §1 (Art. 59), 64 Stat. 127 .

The word "may" is substituted for the word "shall".


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