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This entry was published on 2014-09-22
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SECTION 130.59
Error of law; lesser included offense
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.59. Error of law; lesser included offense. (a) 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.

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