Legal Opinion

United States v. David Henry Mitchell, III

Court of Appeals for the Second Circuit

Decided December 5, 1966No. 30521_1PublishedCited by 39 opinions

1Opinion of the Court

MEDINA, Circuit Judge.

David Henry Mitchell, III appeals from a conviction, after a trial to Judge Clarie and a jury, of wilful failure to report for induction into the Armed Forces in violation of 50 U.S.C., Appx., Section 462.

After initially registering with Selective Service Local Board 17, appellant “disaffiliated” himself from the Selective Service and thereafter refused to cooperate with his Board in any respect. In August, 1964, appellant was classified 1A and did not appeal. Subsequently, he was ordered to report for induction on January 11, 1965. Appellant acknowledged receipt of this…

2Cases cited3 opinions

  1. Falbo v. United StatesSupreme Court of the United States · 1944
  2. United States v. David Henry Mitchell, IIICourt of Appeals for the Second Circuit · 1966
  3. United States v. John Nelson HogansCourt of Appeals for the Second Circuit · 1966

3Cited by39 opinions

  1. Wolff v. Selective Service Local Board No. 16Court of Appeals for the Second Circuit · 1967
  2. Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. United States v. ValentineDistrict Court, D. Puerto Rico · 1968
  4. Berk v. LairdCourt of Appeals for the Second Circuit · 1970
  5. United States v. Jacqueline Allen, Clare Grady, Dean Hammer, Elizabeth McAlister Vern Rossman, Kathleen Rumpf, Karl SmithCourt of Appeals for the Second Circuit · 1985

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