UCMJ – United States Code of Military Justice

859. ARTICLE 59. ERROR OF LAW; LESSER INCLUDED OFFENSE

09. Post-Trial Procedure and Review of Courts Martial

(a) A finding or sentence of 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.


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