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O.C.G.A. § 38-2-1059 — Effect of error of law on appeal; material prejudice; lesser included offense | Georgia Code
O.C.G.A. § 38-2-1059 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.

  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.)

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 859.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.