United States v. Allen W. Hobbs

McWILLIAMS, Circuit Judge.

This is a selective service case wherein Hobbs seeks reversal of a judgment and sentence entered by the trial court on the verdict of a jury finding Hobbs guilty of wilfully and knowingly failing to report for and submit to an armed forces physical examination in violation of 50 U.S.C. App. § 462. Hobbs contends that the judgment and sentence should be reversed for the reason that (1) the Military Selective Service Act of 1967 is unconstitutional and (2) the instruction given by the trial court defining “wil-fully and knowingly” was improper.

The Government initially…