United States v. Bateman

Ferguson, Judge

(dissenting):

I dissent.

I believe the issue of honest and reasonable mistake of fact was raised by the evidence. The court-martial under proper instructions could have found that the accused was both honestly and reasonably mistaken concerning the termination of his first marriage. For me, this was for the triers of fact and the law officer erred when he refused the correct requested instruction offered by defense counsel. I would reverse and order a rehearing.