TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.
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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.
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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.)
U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C.
§
859.