48-2915. (KCMJ Art. 59) Error of law; lesser included offense.

48-2915

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL

      48-2915.   (KCMJ Art. 59) Error of law; lesser included offense.(a) A finding or sentence of a court-martial may not beheld incorrect on the ground of an error of law unless the error materiallyprejudices the substantial rights of the accused.

      (b)   Any reviewing authority with the power to approve or affirm afinding of guilty may approve or affirm, instead, so much of the finding asincludes a lesser included offense.

      History:   L. 1988, ch. 191, § 37; July 1.