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UNITED STATES v. BECKETT

No. 71-2253.

457 F.2d 785 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce Scott BECKETT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 3, 1972.

Attorney(s) appearing for the Case

William Flenniken, Jr. (argued), Joseph Manzella, Sydney N. Tanner, of Manzella, Flenniken & Tanner, San Francisco, Cal., for defendant-appellant.

John F. Cooney, Jr., Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Beckett appeals from a conviction for refusal to submit to induction in violation of 50 U.S.C. App. § 462. He challenges the validity of his conviction on several grounds. We find it necessary to consider only one of his contentions.

The Government's case was based entirely on Beckett's Selective Service file. After the Government rested, Beckett moved for a judgment of acquittal on the ground that the evidence was insufficient to sustain...

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