Massachusetts § 59 Error of law; lesser included offense

Massachusetts Statutes

§ 59 — Error of law; lesser included offense

Massachusetts·Part I ADMINISTRATION OF THE GOVERNMENT·Title V MILITIA·Ch. 33A MASSACHUSETTS CODE OF MILITARY JUSTICE

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.

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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.

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