David Victor Harris v. United States

Following a jury trial, appellant was convicted of having refused induction into the Armed Forces of the United States, in violation of 50 U.S.C. Appendix § 462. On this appeal he contends that the trial court erred in (1) denying his motion to dismiss the indictment on the ground that Section 462 is unconstitutional and contrary to the Judeo-Chris-tian principles upon which the country is founded; (2) denying a new trial by reason of the partiality of one of the jurors; (3) supplemental instructions given to the jury shortly before the guilty verdict was returned; (4) denying appellant’s motion for acquittal for the Government’s failure to prove the essential elements of the offense charged; (5) excluding the testimony of certain witnesses concerning appellant’s character and reputation; and (6) its instructions relative to the scope of the issues before the jury.

Pursuant to order of his local draft board, appellant reported for induction at the Armed Forces Examination and Entrance Station in Oakland on January 17, 1968, but refused to submit to induction. When the other inductees entered the induction station, appellant went to a microphone and made a speech in which he…