...Error of law; lesser included offense (article 59) (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of...the finding as includes a lesser included offense. May 5, 1950, c. 169, § 1, 64 Stat. 127. § 647. Initial action on the record (article 60) After every...

...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...

...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...

...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...

...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....

...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...

...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...

...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...

...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...

...a statutory provision, as there is in the Uniform Code, that a conviction shall not bo 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...