Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 9. REVIEW OF COURTS-MARTIAL

38-2-1059. Effect of error of law on appeal; material prejudice; lesser included offense.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(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 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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1059, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Other notes

U.S. Code.: For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 859.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 488; merge action: carried; file SHA-256 4eed692485f5.