Peter Licavoli v. United States

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried by jury, and convicted of failing and refusing to appear before the Senate Select Committee on Improper Activities in the Labor or Management Field, after having been subpoenaed to appear. His principal point here is that the trial judge erred in refusing to instruct the jury that if the accused acted upon the advice of counsel they should acquit; indeed the judge instructed to the contrary.

Appellant says the offense with which he was charged, 1 willfully making default, includes as an element a specific intent, i e., willfulness. The…