Lindstrom

Lindstrom v. United States

Good Law
151 F.2d 154·1945 U.S. App. LEXIS 2914
United States Court of Appeals for the Ninth CircuitSeptember 13, 1945No. 10964California308 words

Opinion

Lead Opinion

This is an appeal from a judgment convicting appellant of failing to report to the local selective service board for induction into the armed forces, he having been classified as 1-A. Appellant failed to report, and the question here is whether he did so “knowingly” as that term is used in the Selective Service Act, 50 U.S.C.A.Appendix § 311. Appellant’s counsel admits that there is evidence from which it might be inferred that he knowingly failed to report, and it is our opinion from our exami *155 nation of the record that the evidence is overwhelming that he not only knowingly intended but wilfully intended not to report at any time for military service.

Objection was made at the trial to the introduction of a copy of a telegram to the President of the United States indicating such a wilful intent. We regard the introduction of the telegram, if error, as harmless error, in view of such evidence, uncontradicted by appellant who took the stand, as his deliberate tearing up of his order to report in the office of his selective service board, .and casting it on the table of the clerk there with the statement that “he would not report; that he did not consider that he was…

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