United States v. William David Garaway
Court of Appeals for the Ninth Circuit
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
- United Brotherhood of Carpenters & Joiners of America v. United StatesSupreme Court of the United States · 1947
- Billeci v. United States. Lewis v. United StatesCourt of Appeals for the D.C. Circuit · 1950
- James P. Edwards, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- Cain v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Blair v. United StatesCourt of Appeals for the Ninth Circuit · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. John William Simpson, AKA Brother John SimpsonCourt of Appeals for the Ninth Circuit · 1972
- 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
- People v. WilliamsCalifornia Supreme Court · 2001
- State v. MeggyesyCourt of Appeals of Washington · 1998
- United States v. Jaime Bejar-MatreciosCourt of Appeals for the Ninth Circuit · 1980
4 more not listed; retrieve them via the Exa API.