There is a newer version of the West Virginia Code
2005 West Virginia Code - §15-1E-62. — Error of law; lesser included offense.
PART IX. REVIEW OF COURTS-MARTIAL.
§15-1E-62. Error of law; lesser included offense.
(a) A finding or sentence of 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 so much of the finding as includes a lesser included offense.
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