United States v. Bradley M. Littlefield

Appellant, appealing in forma pauper-is, was charged in a two count indictment (1) of destroying his draft card (50 U.S. C.App. § 462(b) and (2) of his failure to possess a draft card. He was found guilty by a jury on both counts.

Jurisdiction below rested on 18 U.S.C. § 3231 , and rests here on 28 U.S.C. § 1291 .

Appellant was sentenced to an indeterminate sentence under 18 U.S.C. § 5010 (b) of the Youth Correction Act. We affirm.

There was no dispute as to the fact of appellant’s burning his draft card. Appellant states “this appeal does not raise factual contentions.”

The sole evidentiary error charged is that the defendant should have been permitted to explain what basis he had for his assumption for feeling his burning of his draft card “was a justifiable act,” and whether he “felt” his act was a crime. (Tr. 148, lines 14-18.) Objection was sustained “to the form” (emphasis added) of both questions. No further attempt was made to change the form of the questions, and no offer of proof was made. Thus no adequate record was laid to raise this issue.

Appellant cites various law review articles and two dissenting opinions to establish the rule that a jury should have…