Arizona Statutes

§ 26-1059 — Error of law; lesser included offense

Arizona·Title 26 Arizona Revised Statutes·Ch. 9 ARIZONA CODE OF MILITARY JUSTICE·Art. 9 Post-Trial Procedure and Review of Courts-Martial
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, any part of the finding that includes a lesser included offense.

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