449 F2d 1289 United States v. Hedges

449 F.2d 1289

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.

Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

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,* District Judge.

PER CURIAM:

view counter
1

The judgment of conviction in this selective service case is affirmed.

2

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.

3

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.

4

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.

Notes:

*

The Honorable James F. Battin, United States District Judge, District of Montana, sitting by designation