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UNITED STATES v. MITCHELL

Cr. No. 11486.

246 F.Supp. 874 (1965)

UNITED STATES of America v. David Henry MITCHELL, III.

United States District Court D. Connecticut.

December 6, 1965.

Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty., Howard T. Owens, Jr., Asst. U. S. Atty., and Samuel J. Heyman, Asst. U. S. Atty., New Haven, Conn., for United States.

Conrad J. Lynn, of Lynn, Spitz & Condon, New York City, Anthony G. Apicella (Court-appointed), of Garber & Apicella, New Haven, Conn., and William K. Muir, Jr., of Gumbart, Corbin, Tyler & Cooper, New Haven, Conn. (New Haven Civil Liberties Council, amicus curiæ), for defendant.

TIMBERS, Chief Judge.

Defendant David Henry Mitchell, III, after a three day trial was convicted by a jury of wilful failure to report for induction in the armed forces of the United States, in violation of Section 12(a) of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(a). He was sentenced, under 18 U.S.C. § 4208(a) (1), to not less than 18 months and not more than 5 years in prison and was fined $5,000.1

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