Kentucky Code § KRS 35.325

Error of law -- Lesser included offense
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(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 gui lty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

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