Public-domain · open source
OpenJurist

O.C.G.A. § 38-2-1059

Effect of error of law on appeal; material prejudice; lesser included offense

— Code 1981, § 38-2-1059, Uniform Code of Military Justice, see 10 enacted by Ga

(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 finding as includes a lesser included offense.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.