5901 - Error of law; lesser included offense. - Pennsylvania Statutes

CHAPTER 59 REVIEW OF COURTS-MARTIAL Sec. 5901. Error of law; lesser included offense. 5902. Initial action on the record. 5903. Action on general court-martial records. 5904. Reconsideration and revision. 5905. Rehearings. 5906. Approval by the convening authority. 5907. Disposition of records after review by the convening authority. 5908. Review in the office of the State Judge Advocate. 5909. Review by a board of review. 5910. Appellate counsel. 5911. Execution of sentence; suspension of sentence. 5912. Vacation of suspension. 5913. Petition for a new trial. 5914. Remission and suspension. 5915. Restoration. 5916. Finality of proceedings, findings and sentences. Enactment. Chapter 59 was added August 1, 1975, P.L.185, No. 91, effective January 1, 1976. § 5901. Error of law; lesser included offense. (a) Error of law.--A finding or sentence of 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) Approval of lesser offense.--Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.