UNITED STATES v. McFADDEN

No. 71-2956.

462 F.2d 484 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Francis McFADDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 25, 1972.


Attorney(s) appearing for the Case

Richard Harrington, (argued) of Athearn, Chandler & Hoffman, San Francisco, Cal., for defendant-appellant.

Michael Field, Asst. U. S. Atty. (argued) Robert Carey, Jr., John Link, James L. Hazard, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

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


PER CURIAM:

On December 3, 1969, a federal grand jury at San Francisco, California, returned an indictment in one count charging defendant with the willful refusal to submit to induction on May 20, 1969, in violation of Title 50 Appendix, United States Code, Section 462(a). Following the entry of a not guilty plea on December 15, 1969, the defendant waived his right to a jury trial and his case was set for trial on January 30, 1970.

Before the government presented...

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