What is the test for wilful and knowing failure to submit to military induction?

While the Government was required to prove that the defendant's failure to submit to induction was wilful and knowing, this may be inferred from his actions at the induction center. See Harris v. United States, 412 F.2d 384, 388 (9th Cir. 1969). Defendant, after being found fully qualified for induction on March 4, 1969, refused to step forward when his name was called for induction. He persisted in this refusal after being informed of the consequences of such refusal. Wilfullness was thus adequately established.

Affirmed.

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Notes:

* The Honorable Bruce R. Thompson, United States District Judge for the District of Nevada, sitting by designation.

Notes:

* The Honorable Bruce R. Thompson, United States District Judge for the District of Nevada, sitting by designation.