United States v. Steven Kenneth Howells

KILKENNY, Circuit Judge:

Appellant was indicted, tried and convicted in a non-jury trial for violation of 50 U.S.C. App. § 462 [refusing to submit to induction into the Armed Services]. He assigns two errors. We find the assignments without merit and affirm.

FACTUAL BACKGROUND

On November 18, 1968, appellant’s local board in Ohio ordered him to report for induction on the following December 5th. He requested that his induction be transferred to California and was then ordered to report for induction in Oakland on January 9, 1969. He reported, but refused to submit to induction.

Although called…