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UNITED STATES v. GARAWAY

No. 23576.

425 F.2d 185 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. William David GARAWAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 21, 1970.

Attorney(s) appearing for the Case

Michael Greene (argued), Santa Monica, Cal., for appellant.

Tom Kontos (argued), Asst. U. S. Atty., John W. Hornbeck, Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before CARTER, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant was convicted of refusing induction into the Armed Forces, 50 U.S.C. App. § 462. The evidence against him was undisputed, and at the conclusion of the trial, the judge instructed the jury as follows:

I, therefore, instruct you it is your duty as jurors to return a verdict of guilty. You may consider this matter and you may disregard my instructions, but I am instructing you as a matter of law that it is your duty to return a verdict...

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