Error of law -- Lesser included offense

KRS § 35.325, under MILITARY JUSTICE.

KRS § 35.325

(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.