Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 859. Art. 59. Error of law; lesser included offense
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
(Aug. 10, 1956, ch. 1041, 70A Stat. 57.) · 70A Stat. 57
Enacted · 10 U.S.C. § 859
(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)
Source evidence
Code source credit
(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (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”.
Credits
(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)