Robert Lynn Smith v. United States

MATTHES, Circuit Judge.

Appellant was found guilty by a jury of knowingly and willfully failing to comply with an order of his local draft board requiring him to report to the board for civilian work in lieu of induction, in violation of 50 U.S.C.App. § 462(a) (1967).

Appellant’s sole contention is that the district court erred in denying his motion for judgment of acquittal. He expands this contention by asserting that the evidence conclusively established his lack of criminal intent. We disagree and hold that the question whether appellant knowingly and willfully failed to report in response…