40.210. Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.

Error of law, findings or sentence not incorrect unless prejudicial torights of accused.

40.210. 1. A finding or sentence of a court-martial may notbe held incorrect on the ground of an error of law unless theerror materially prejudices the substantial rights of theaccused.

2. Any reviewing authority with the power to approve oraffirm a finding of guilty may approve or affirm so much of thefinding as includes a lesser included offense.

(L. 1984 H.B. 1035 § 69)