2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 47 - Uniform Code of Military Justice
Subchapter IX - Post-Trial Procedure and Review of Courts-Martial
Sec. 859 - Art. 59. Error of law; lesser included offense

Download PDF
Citation 10 U.S.C. § 859 (2018)
Section Name §859. Art. 59. Error of law; lesser included offense
Section 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.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
859(a)859(b) 50:646(a).50:646(b). May 5, 1950, ch. 169, §1 (Art. 59), 64 Stat. 127.

The word "may" is substituted for the word "shall".

Publication Title United States Code, 2018 Edition, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. 859 - Art. 59. Error of law; lesser included offense
Contains section 859
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 64 Stat. 127
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.