Legal Opinion

United States v. Kirk Stanton Downing

Court of Appeals for the Tenth Circuit

Decided January 27, 1972No. 71-1327PublishedCited by 5 opinions

1Opinion of the Court

SETH, Circuit Judge.

This is a direct appeal from a conviction of failure to submit to induction in violation of 50 U.S.C.A.App. § 462(a). The defendant was tried to a jury upon a plea of not guilty.

At trial the government produced one witness, Miss Howard, a clerical assistant at the defendant’s local Selective Service Board. Upon objection to the government’s inquiry as to what happened on the date the defendant was to have submitted, the government moved to introduce his Selective Service file into evidence. Voir dire on the exhibit revealed that the chief custodian was out of the…

2Cases cited11 opinions

  1. Pointer v. TexasSupreme Court of the United States · 1965
  2. California v. GreenSupreme Court of the United States · 1970
  3. Dutton v. EvansSupreme Court of the United States · 1970
  4. Dit La Porte v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  5. United States v. Albert H. HolmesCourt of Appeals for the Seventh Circuit · 1968

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. Robert NeffCourt of Appeals for the Ninth Circuit · 1980
  2. United States v. Andrew Daulton LeeCourt of Appeals for the Ninth Circuit · 1979
  3. United States v. Richard John Ream, Jr.Court of Appeals for the Fifth Circuit · 1974
  4. United States v. Charles Loken FreedCourt of Appeals for the Tenth Circuit · 1972
  5. United States v. Stuart Blackburn PerryCourt of Appeals for the Tenth Circuit · 1974

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