Us Code § 859 - Art. 59. Error of law; lesser included offense
Full text of Us Code United States Code § 859 — Art. 59. Error of law; lesser included offense, with citation guidance and answers to common questions.
§ 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.)
| 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".
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10 U.S.C. § 859 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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