United States v. Martin C. Webb, Jr.

SPRECHER, Circuit Judge.

Martin Webb was convicted by a jury of willfully and knowingly refusing to submit to induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462. He appeals on the ground that the government’s only evidence of the offense, a letter mailed to the United States Attorney’s Office stating that Webb had refused induction, was insufficient proof upon which to base a criminal conviction. We reverse and remand for a new trial.

The facts underlying the alleged violation are in dispute. Webb reported for induction as ordered on January 26, 1970, and…