UNITED STATES v. BOWEN

No. 13457.

421 F.2d 193 (1970)

UNITED STATES of America, Appellee, v. Thomas Richard BOWEN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1970.


Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N. C. (Court-appointed counsel), for appellant.

Joseph R. Cruciani, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty., on the brief), for appellee.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.


WINTER, Circuit Judge:

Convicted, by a jury, of a wilful failure to report for induction in violation of 50 U.S.C.A. App. § 462 and sentenced to a term of two years, Thomas Richard Bowen appeals. He advances numerous grounds for reversal, most of which we find lacking in merit. However, we do conclude that he is entitled to reversal and a new trial because the district judge erroneously refused to permit defendant to testify on the issue of wilfulness in his...

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