Legal Opinion
United States v. John Frederick Weersing
Court of Appeals for the Ninth Circuit
Decided December 15, 1969No. 23055_1PublishedCited by 12 opinions
1Opinion of the Court
BROWNING, Circuit Judge:
Defendant was convicted of refusing to submit to induction in violation of 50 U.S.C.A. App. § 462. We affirm.
The indictment alleged, in the words of the statute, that defendant “knowingly” refused to be inducted. Defendant contends that failure to allege that he acted “wilfully” renders the indictment materially defective.
We held in Graves v. United States, 252 F.2d 878, 882 (9th Cir. 1958), “that the word ‘knowingly’ in the statute here involved may not be as strong a word as ‘willfully’ * * *, but the use of either of these words requires proof of culpable intent. *…
2Cases cited19 opinions
- Potter v. United StatesSupreme Court of the United States · 1894
- Robert Nolen Briggs v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- Leon Herbert Greer, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- United States v. Arnold G. SandbankCourt of Appeals for the Second Circuit · 1969
- David Seymour Graves v. United StatesCourt of Appeals for the Ninth Circuit · 1958
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Robert Cloyd Rusk v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- United States v. Alfred Loren WallaceCourt of Appeals for the Ninth Circuit · 1970
- United States v. Roger Sutton SmithCourt of Appeals for the Ninth Circuit · 1970
- United States v. Bruce Allen UhlCourt of Appeals for the Ninth Circuit · 1970
- United States v. Marc Enright NeilsonCourt of Appeals for the Ninth Circuit · 1973
7 more not listed; retrieve them via the Exa API.