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HARRIS v. UNITED STATES

No. 23116.

412 F.2d 384 (1969)

David Victor HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 10, 1969.

Attorney(s) appearing for the Case

Francis Heisler (argued), Herbert A. Schwarts, Richard M. Silver, of Heisler & Stewart, Carmel, Cal., for appellant.

F. Steele Langford (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., Crim. Div., San Francisco, Cal., for appellee.

Before DUNIWAY and CARTER, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge.

Following a jury trial, appellant was convicted of having refused induction into the Armed Forces of the United States, in violation of 50 U.S.C. Appendix § 462. On this appeal he contends that the trial court erred in (1) denying his motion to dismiss the indictment on the ground that Section 462 is unconstitutional and contrary to the Judeo-Christian principles upon which the country is founded...

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