United States v. David Michael Owen

JOHN E. MILLER, Senior District Judge.

This is an appeal from a jury-waived conviction of wilfully refusing induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462. Defendant’s refusal was based upon his claim that selective service authorities should have exempted him, as a conscientious objector, from all military service. Defendant asserts the trial court erred in failing to grant his motion for judgment of acquittal filed after all evidence was in the record. We reverse with directions to enter a judgment of acquittal.

The defendant registered with the…