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United States v. Oglivie

United States Army Court of Military Review

29 M.J. 1069 (1990)

Relevant factsFree

Sergeant Oglivie (defendant), separated from his first wife Amparo while stationed abroad, came to believe he was legally divorced based on Amparo's own statement that she had filed for divorce and a Red Cross communication referring to her as his "ex-wife," despite never receiving an actual divorce decree. Because he needed a divorce decree to modify his housing allowance, Oglivie altered a copy of a friend's decree and submitted it to the finance office; he later married a second wife and sought reinstated married-person's benefits. He was charged with making false official statements, bigamy, and altering a public record, pleading guilty only to the altering charge but convicted on the others as well.

IssueFree

Whether a mistake-of-fact defense to a general-intent crime requires that the mistake be both honest and reasonable.

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