§ 859. Art. 59. Error of law; lesser included offense

Type Statute
Publication 2026-03-26
State In force
Department United States Congress
Source OLRC
Reform history JSON API
§ 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.)

The word “may” is substituted for the word “shall”.

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.

This document does not substitute reading the official United States Code published by the Office of the Law Revision Counsel. We assume no responsibility for any inaccuracies resulting from the conversion to this format.