UNITED STATES v. DOWNING

No. 71-1327.

454 F.2d 373 (1972)

UNITED STATES of America, Appellee, v. Kirk Stanton DOWNING, Appellant.

United States Court of Appeals, Tenth Circuit.

January 27, 1972.


Attorney(s) appearing for the Case

Joseph Saint-Veltri, Denver, Colo., for appellant.

W. Allen Spurgeon, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and Milton C. Branch, Asst. U. S. Atty., on the brief), for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

This is a direct appeal from a conviction of failure to submit to induction in violation of 50 U.S.C.A.App. § 462(a). The defendant was tried to a jury upon a plea of not guilty.

At trial the government produced one witness, Miss Howard, a clerical assistant at the defendant's local Selective Service Board. Upon objection to the government's inquiry as to what happened on the date the defendant was to have submitted, the government...

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