 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 16by United States. Navy Dept - 1948Full view - About this book
 | United States. Department of Defense - Courts-martial and courts of inquiry - 1968 - 668 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... | |
 | Wisconsin - Bills, Private - 1969 - 1682 pages
...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... | |
 | United States - Law - 1971 - 1266 pages
...Stat. 1341, substituted "Court of Military Review" for "board of review" In Item 866 (article 66) . . Art. 59. Error of law; lesser included offense. (a)...the finding as includes a lesser included offense. (Aug. 10, 1956, ch. 1041, 70A Stat. 57.) HISTORICAL AND REVISION NOTES The word "may" is substituted... | |
 | United States - Air Force law - 1984 - 1180 pages
...Restoration. 876a. 76a. Leave required to be taken pending review of certain court-martial convictions. § 859. Art. 59. Error of law; lesser included offense...the finding as includes a lesser included offense. (Aug. 10, 1956, ch. 1041, 70A Stat. 57.) § 860. Art. 60. Action by the convening authority (a) The... | |
 | Courts-martial and courts of inquiry - 1965 - 444 pages
...;his subject in military law is Article 59 (a), Uniform Code of Military Justice,2 which provides: A finding or sentence of a court-martial may not be...prejudices the substantial rights of the accused. Fhis statute has been implemented by paragraph 57c of the Manual for Courts-Martial, United 'Captain... | |
 | Courts-martial and courts of inquiry - 1954 - 738 pages
...at his peril in view of the statutory provision that 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 affects the substantial rights of the accused. It is entirely conceivable that the instructions of... | |
 | Courts-martial and courts of inquiry - 1960 - 588 pages
...provides that the finding or sentence of a Court-Martial shall not be held incorrect on the grounds of error of law unless the error materially prejudices the substantial rights of the accused). However, when such prejudice is found by the court in a case where, for example, hearsay was the major... | |
 | Administrative law - 1953 - 1246 pages
...trial court saw and heard the witnesses (Art. 66c). A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of...materially prejudices the substantial rights of the accused (Art. 59д) . b. Action when sentence is set aside. Q> If the board of review sets aside the findings... | |
 | United States - Law - 1983 - 1000 pages
...Stat. 1341. substituted "Court of Military Review" for "board of review" in item 866 (article 66). § 859. Art 59. Error of law; lesser included offense...the finding as includes a lesser included offense. (Aug. 10. 1956, ch. 1041, 70A Stat. 57.) HISTORICAL AND REVISION NOTES The word "may" is substituted... | |
 | United States. Congress. House. Committee on Armed Services - 1949 - 1408 pages
...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...the finding as includes a lesser included offense. ART. 60. Initial action on the record. After every trial by court-martial the record shall be forwarded... | |
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