Legal Opinion

United States v. William David Garaway

Court of Appeals for the Ninth Circuit

Decided April 21, 1970No. 23576_1PublishedCited by 9 opinions

1Per curiam

Appellant was convicted of refusing induction into the Armed Forces, 50 U.S.C. App. § 462. The evidence against him was undisputed, and at the conclusion of the trial, the judge instructed the jury as follows:

I, therefore, instruct you it is your duty as jurors to return a verdict of guilty. You may consider this matter and you may disregard my instructions, but I am instructing you as a matter of law that it is your duty to return a verdict of guilty as charged in the indictment.

[1, 2J The quoted instruction was an unwarranted invasion by the court of the province of the jury, and contrary…

2Cases cited6 opinions

  1. United Brotherhood of Carpenters & Joiners of America v. United StatesSupreme Court of the United States · 1947
  2. Billeci v. United States. Lewis v. United StatesCourt of Appeals for the D.C. Circuit · 1950
  3. James P. Edwards, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1961
  4. Cain v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  5. Blair v. United StatesCourt of Appeals for the Ninth Circuit · 1917

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

3Cited by9 opinions

  1. United States v. John William Simpson, AKA Brother John SimpsonCourt of Appeals for the Ninth Circuit · 1972
  2. United States v. Keith Edward Allende, United States of America v. Serito Trujillo Montoya, United States of America v. Donna Rae SilsbeeCourt of Appeals for the Ninth Circuit · 1973
  3. People v. WilliamsCalifornia Supreme Court · 2001
  4. State v. MeggyesyCourt of Appeals of Washington · 1998
  5. United States v. Jaime Bejar-MatreciosCourt of Appeals for the Ninth Circuit · 1980

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

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