UNITED STATES v. MITCHELL

No. 239, Docket 30104.

354 F.2d 767 (1966)

UNITED STATES of America, Appellee, v. David Henry MITCHELL, III, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 13, 1966.


Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty. for Dist. of Connecticut, Hartford, Conn., for appellee.

Fyke Farmer, Nashville, Tenn., for defendant-appellant.

William K. Muir, Jr., New Haven, Conn. (Carroll W. Brewster, New Haven, Connecticut, on the brief), for New Haven Civil Liberties Council, amicus curiae.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.


MEDINA, Circuit Judge:

Appellant David Henry Mitchell, III, appeals from a judgment of conviction, entered upon a jury verdict of guilty, arising out of a one-count indictment charging appellant with wilful failure to report for induction into the Armed Forces, in violation of 50 U.S.C. App., § 462.

Various points of law have been covered in the briefs and on oral argument but we shall confine our discussion to the decisive question, whether appellant...

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