United States v. Michael Denis Cullen

STEVENS, Circuit Judge.

For participating with others in the removal and destruction by burning of official records of the Selective Service System in Milwaukee, appellant was convicted of violating 18 U.S.C. § 2071 and 50 App.U.S.C. § 462(a). His principal contention is that the judge should have instructed the jury on his theory of defense; it was his theory that religious compulsion might negate the requisite criminal intent and thereby warrant acquittal. He also contends that the second offense included the first, and that the court’s refusal to ask prospective jurors about their religious…