10 USC § 859 - Art. 59. Error of law; lesser included offense | Title 10 - Armed Forces | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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.

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(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.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

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.

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

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
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"to" means a transfer to another section.
"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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32 CFR - Title 32—National Defense

32 CFR Part 143 - DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE BARGAINING

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

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