United States v. David George Gwyther, United States of America v. Kip Dallen Morgan

The indictment in this case charged each defendant with two counts of violation of 50 App.U.S.C. § 462 by hindering and interfering with the administration of the Military Selective Service Act by the local selective service board at Roseburg, Oregon on January 8,1969 and the local board at Eugene eight days later. In count III defendants were charged with conspiracy to commit the substantive offenses specified in counts I and II.

Defendants appeal from conviction on each of the three counts by jury verdict. Jurisdiction in the District Court: 18 U.S.C. § 3231 ; this Court: 28 U.S.C. § 1291 .

The evidence shows, and there is no substantial evidence to the contrary, that by prearrangement defendants with several companions entered the premises occupied by each local board with the intent and purpose to conduct a mock trial of board members and employees. Without permission and over objection by board personnel, defendants and their as sociates passed through a gate into an enclosed area containing desks and files where employees were working and from there pushed their way into the board hearing room. Defendants timed their arrival to coincide with a scheduled personal appearance…