United States of America, and v. Richard Carroll Wilson, Junior, And

Appeal of conviction upon verdict. Conviction affirmed.

Defendant was tried by a jury in the United States District Court for the Ilistrict of Arizona for the offense of failure to submit to induction, in violation of Title 50 App., U.S.C., Section 462. He was found guilty and committed to the custody of the Attorney General under the Federal Youth Correction Act for an indefinite period.

Defendant originally registered at a draft board in Abilene, Texas, and transferred to Tucson board on March 20, 1968. On May 8 the Tucson board prepared an order for defendant to report for induction on May 22,1968.

Defendant claimed at trial that he went on May 22 to the Tucson board to inform them he was unable to report for induction because there was an arrest warrant for a traffic ticket outstanding against him. He testified he spoke with Virginia Hunter, clerk of the board, and she said that he should notify his original (Abilene) board in writing, and that she would notify the original board that he did not report for induction.

Mrs. Hunter testified that defendant did not report for induction on May 22, and that she does not remember whether or not she saw him. She also denied he…