Doty v. United States

COLLET, Circuit Judge.

The four defendants, Joel Elias Doty, Orin Don Doty, Paul Edward Doty, and Sid Irving Doty were separately indicted for failure to report for military service at the order of their local draft board. Their cases were by agreement consolidated for trial. A jury was waived. All were convicted and sentenced to imprisonment for two years. All four appeal. Their appeals were consolidated. The facts as to all four defendants are substantially the same, with one material exception relating to Joel Elias Doty, to which specific reference will be made.

The defendants are brothers,…