KRS 35.325: 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 gui lty may

approve or affirm, instead, so much of the finding as includes a lesser included

offense.