UNITED STATES v. WHITTENBURG

No. 72-1007.

462 F.2d 581 (1972)

UNITED STATES of America, Appellee, v. Daniel Clifford WHITTENBURG, Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1972.


Attorney(s) appearing for the Case

Robert J. Kapelke, Denver, Colo., for appellant.

William K. Hickey, Asst. U. S. Atty. (James L. Treece, U. S. Atty., with him on brief), for appellee.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.


SETH, Circuit Judge.

The appellant was indicted and tried for failing to submit to induction under the Selective Service Act, 50 U.S.C.App. § 462(a). He was tried to the court, found guilty, and sentenced.

Appellant asserts that the trial court was in error in refusing to grant a motion for acquittal on the ground that appellant was not afforded the opportunity to submit to induction. Error is also urged as to the test applied on intent, and the proof...

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