Statutes > Washington Statutes > Title 38 - Militia and military affairs > 38.38 - Washington code of military justice. > 38.38.560 - Error of law -- Lesser included offense.

38.38.560 - Error of law -- Lesser included offense.

[Art. 66] Error of law — Lesser included offense.

(1) 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.

     (2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

[1963 c 220 § 68.]