Error of law -- Lesser included offense
KRS 35.325
in effect35.325. Error of law -- Lesser included offense
(1) 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.
(2) A 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 64, effective June 25, 2013. -- Created 1954 Ky. Acts ch. 99, sec. 64, effective July 1, 1954.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41938Fetched: 10/20/2026
