United States v. Stephen Eugene Abbott

LAY, Circuit Judge.

Stephen Abbott appeals his conviction under 50 U.S.C. App. § 462 arising out of his refusal to submit to induction into the armed forces of the United States.

On October 19, 1967, Abbott reported, as ordered, to the induction center in Atlanta, Georgia, but refused to take the symbolic step forward to be inducted. After indictment, his residence being originally in Lincoln, Nebraska, his case was transferred to the District of Nebraska pursuant to Fed.R.Crim.P. 21(b). He was there tried and found guilty by a jury. After motions for judgment of acquittal and new trial were…