Georgia § 38-2-1059 - Effect of error of law on appeal; material prejudice; lesser included offense.
Full text of Georgia Official Code of Georgia Annotated § 38-2-1059 — Effect of error of law on appeal; material prejudice; lesser included offense., with citation guidance and answers to common questions.
§ 38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.
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. 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.
Frequently Asked Questions About Georgia § 38-2-1059
What does Official Code of Georgia Annotated § 38-2-1059 cover?
Section 38-2-1059 ("Effect of error of law on appeal; material prejudice; lesser included offense.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 38-2-1059?
A common citation format is "Official Code of Georgia Annotated § 38-2-1059" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 38-2-1059 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.