West Virginia Statutes

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

West Virginia·Ch. 15 PUBLIC SAFETY·Art. 1E CODE OF MILITARY JUSTICE
(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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