Error of law; lesser included offense
Former SECTION 25-1-2810 [1950 (46) 1881; 1952 Code SECTION 44-181; 1962 Code SECTION 44-181; 1964 (53) 2241] repealed by codification of Code of Military Justice by 1984 Act No…
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.
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.