United States v. Cornelius Frazier, Jr.
This text of 463 F.2d 781 (United States v. Cornelius Frazier, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment of conviction in this selective service case is affirmed.
We find no abuse of discretion in the failure to grant a continuance.
We also find the evidence on both counts sufficient. On Count I it should be pointed out that the jury did not have to believe the defendant’s testimony that he did not receive the notice to report for induction.
The abatement point offered is foreclosed by our United States v. Westfall, 447 F.2d 1375 (9 Cir. 1971).
The contention that the order to report was punitive is not supported by the record.
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463 F.2d 781, 1972 U.S. App. LEXIS 8478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cornelius-frazier-jr-ca9-1972.