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April 26, 2024 Clear | 54°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title V MILITIA
  4. Chapter 33A MASSACHUSETTS CODE OF MILITARY JUSTICE
  5. Section 59 Error of law; lesser included offense

Section 59

Section 59: Error of law; lesser included offense

Article 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 substantive 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.