(a) Error of law.--A finding or sentence of a court-martial shall not be held incorrect on the grounds 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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Posttrial Procedure and Review of Courts-martial
Section 5901 - Error of law; lesser included offense
Section 5902 - Action by convening authority
Section 5903 - Action on general court-martial records
Section 5904 - Reconsideration and revision
Section 5906 - Approval by convening authority
Section 5907 - Disposition of records after review by convening authority
Section 5908 - Review by State Judge Advocate and Adjutant General
Section 5909 - Review by a board of review
Section 5910 - Review by Superior Court
Section 5911 - Appellate counsel
Section 5912 - Execution of sentence; suspension of sentence
Section 5913 - Vacation of suspension
Section 5914 - Petition for new trial
Section 5915 - Remission and suspension
Section 5917 - Finality of proceedings, findings and sentences