United States v. Private E1 RANDY C. HERNANDEZ

OPINION OF THE COURT AND ACTION ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS

HAIGHT, Judge:

In the general court-martial of Private (E-1) Randy C. Hernandez, real party in inter*866est, the government petitioned this court for extraordinary relief in the nature of a writ of mandamus. Specifically, the government requested this court order the military judge “to reverse his ruling that the defense of Mistake of Fact as to Age applies to Charge II and its specification” (sodomy with a child who had not attained the age of 16 in violation of Article 125, Uniform Code of…