Opinion · Court of Appeals for the Ninth Circuit
United States of America, and v. Eric Alan Hedges, And
449 F.2d 1289
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1971-10-08
- Topic
- general
PER CURIAM: The judgment of conviction in this selective service case is affirmed. The charge was that he failed to keep his local board advised of his address so that mail could reach him (here a notice of induction) while he traveled around with carnivals. Whether he made a good faith effort to keep the board informed was a question of fact which has been decided against him on sufficient evidence. Here the defendant testified. Lack of belief of a witness often permits some affirmative inferences.
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UNITED STATES v. HEDGES,449 F.2d 1289(9th Cir. 1971)
UNITED STATES of America, Plaintiff and Appellee, v. Eric Alan HEDGES,
Defendant and Appellant.
No. 71-2025.
United States Court of Appeals, Ninth Circuit.
October 8, 1971.
Page 1290
Robert L. Meyer, U.S. Atty., Eric A. Nobles, Chief, Crim. Div., D. Henry Thayer, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
Before CHAMBERS and CHOY, Circuit Judges, and BATTIN,fn*District Judge.
The charge was that he failed to keep his local board advised of his address so that mail could reach him (here a notice of induction) while he traveled around with carnivals.
Whether he made a good faith effort to keep the board informed was a question of fact which has been decided against him on sufficient evidence.
Here the defendant testified. Lack of belief of a witness often permits some affirmative inferences. In our view, this is just such a case. Such inferences may have buttressed up other evidence.
- The Honorable James F. Battin, United States District Judge, District of Montana, sitting by designation. ↩