West Virginia Statutes

§ 15-1E-59 — Error of law; lesser included offense

West Virginia § 15-1E-59
JurisdictionWest Virginia
Ch. 15PUBLIC SAFETY
Art. 1ECODE OF MILITARY JUSTICE

This text of West Virginia § 15-1E-59 (Error of law; lesser included offense) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Va. Code § 15-1E-59 (2026).

Text

(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 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.

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Legislative History

2010 Reg. Sess., HB4504; 1982 Reg. Sess., SB143

Nearby Sections

15
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Bluebook (online)
West Virginia § 15-1E-59, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/15/15-1E-59.