South Carolina Statutes

§ 25-1-2810 — Error of law; lesser included offense.

South Carolina·Title 25 MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS·Ch. 1 MILITARY CODE
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.

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Legislative History

HISTORY: Former SECTION 25-1-2810 [1950 (46) 1881; 1952 Code SECTION 44-181; 1962 Code SECTION 44-181; 1964 (53) 2241] repealed by codification of Code of Military Justice by 1984 Act No. 378, SECTION 29; New SECTION 25-1-2810 En by 1984 Act No. 378, SECTION 29.

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