UNITED STATES v. BATTIN

No. 72-1674.

466 F.2d 1194 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Andrew BATTIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1972.


Attorney(s) appearing for the Case

Douglas Jay Sorensen (argued), of Romines, Wolpman, Tooby, Eichner, Sorensen, Constantinides & Cohen, Menlo Park, Cal., for defendant-appellant.

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

Before LUMBARD, HAMLEY and WALLACE, Circuit Judges.


PER CURIAM:

Richard Andrew Battin appeals from his conviction for failure to report for induction, in violation of 50 U.S.C.App. § 462. He argues here that the trial court erred in refusing to admit expert testimony that the 1970 draft lottery (held on December 1, 1969): (1) was not random in the sense that statisticians and other scientists use that word; (2) was not random in the ordinary English usage of that word; and (3) was so conducted that each registrant...

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