10 U.S.C. § 859
Art. 59. Error of law; lesser included offense
- Code
- United States Code
- Title
- 10
- Section
- 859
- Text current through
- Pub. L. 119-111
What does the statute say?
§ 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 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”.
The text is copied from the official source: uscode.house.gov. This is the stored text for research. It is not legal advice; check the official source before you rely on it.