[USC02] 10 USC 859: Art. 59. Error of law; lesser included offense
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10 USC 859: Art. 59. Error of law; lesser included offense Text contains those laws in effect on September 18, 2019
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 47-UNIFORM CODE OF MILITARY JUSTICESUBCHAPTER IX-POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
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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".