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" Error of law; lesser included offense (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. "
United States Navy Regulations, 1948 - Page 16
by United States. Navy Dept - 1948
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United States Congressional Serial Set

United States - 1949
...AST. 59. Error of law; leaser included offense. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of...affirm, instead, so much of the finding as includes a lessser included offense. AST. 60. Initial action on the record. After every trial by court-martial...
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Index and Legislative History, Uniform Code of Military Justice

United States. Navy. Office of the Judge Advocate General - Courts-martial and courts of inquiry - 1950
...ART. 59. Error of law; lesser included offense. (a) A finding or sentence of a court martial shall not be held incorrect on the ground of an error of law unless the error materially prejudice-; the substantial rights of the accused. (b) Any reviewing authority with the power to approve...
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Manual for Courts-martial, United States, 1951

United States. Department of Defense - Courts-martial and courts of inquiry - 1951 - 665 pages
...ART. 59. Error of law; lesser included offense, (a) A flailing or sentence of a court-martini shall not be held incorrect on the ground of an error of...prejudices the substantial rights of the accused. (6) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or...
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Digest of Opinions: The Judge Advocates General of the Armed Forces, Volume 3

Courts-martial and courts of inquiry - 1953
...offenses committed. Considering the record in its entirety the sentence is appropriate and it should not be held incorrect on the ground of an error of law which did not result in specific prejudice. (Citing ACM S-7610, Rollins, 13 CMR 713; US v. Mundy (No....
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Digest of Opinions: The Judge Advocates General of the Armed Forces, Volume 2

Courts-martial and courts of inquiry - 1953
...in the light of UCMJ. Art 59 (a), which provides that a finding or sentence of a courtmartial shall not be held incorrect on the ground of an error of...prejudices the substantial rights of the accused. In this case, as was determined in the consideration of the accused's petition for a new trial, the...
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Report to Honorable Wilber M. Brucker, Secretary of the Army

United States. Committee on the Uniform Code of Military Justice, Good Order and Discipline in the Army - Courts-martial and courts of inquiry - 1960 - 287 pages
...59, Uniform Code of Military Justice, states that a finding or sentence may not be held incorrect for an error of law unless the error materially prejudices the substantial rights of the accused. The doctrine of general prejudice as conceived by the Court of Military Appeals in incompatible with...
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Military Justice: Joint Hearings Before the Subcommittee on Constitutional ...

United States. Congress. Senate. Judiciary - 1966
...a statutory provision, as there is in the Uniform Code, thnt a conviction shall not be reversed for error of law "unless the error materially prejudices the substantial rights of the accused."" It noted with approval the general rule that errors of substance fall into two categories, the first...
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Military Justice: Joint Hearings Before the Subcommittee on Constitutional ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - Courts-martial and courts of inquiry - 1966 - 1059 pages
...a statutory provision, as there is in the Uniform Code, that a conviction shall not be reversed for error of law "unless the error materially prejudices the substantial rights of the accused."" It noted with approval the general rule that errors of substance fall into two categories, the first...
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Manual for Courts-martial, United States, 1968

United States. Department of Defense - Courts-martial and courts of inquiry - 1968 - 637 pages
...controverted questions of fact, recognizing that the trial court saw and heard the witnesses (Art. 66 (c) ). A finding or sentence of a court-martial may not be...materially prejudices the substantial rights of the accused (Art. 59 (a)). 6. Action when sentence is set aside. (1) If the board of review sets aside any findings...
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Wisconsin Session Laws, Volume 1

Wisconsin - Law - 1969
...substantially changed from the official text. Section 908. ERROR OF LAW, LESSER INCLUDED OFFENSE. (1) A finding or sentence of a court-martial may not be...prejudices the substantial rights of the accused. (2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or...
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