United States v. Daniel Clifford Whittenburg

SETH, Circuit Judge.

The appellant was indicted and tried for failing to submit to induction under the Selective Service Act, 50 U.S.C.App. § 462(a). He was tried to the court, found guilty, and sentenced.

Appellant asserts that the trial court was in error in refusing to grant a motion for acquittal on the ground that appellant was not afforded the opportunity to submit to induction. Error is also urged as to the test applied on intent, and the proof as to wilfulness.

The record shows that appellant reported at the induction center on the day ordered. On arrival he asked to see a psychiatrist,…