422 F.2d 344 (5th Cir. 1970), 28316, United States v. Dangler

Docket Nº:28316
Citation:422 F.2d 344
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. John William DANGLER, Defendant-Appellant.
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 344

422 F.2d 344 (5th Cir. 1970)

UNITED STATES of America, Plaintiff-Appellee,

v.

John William DANGLER, Defendant-Appellant.

No. 28316

United States Court of Appeals, Fifth Circuit.

1970

Paul L. Wayman, Atlanta, Ga., court-appointed, for appellant.

Charles L. Goodson, U.S. Atty., Atlanta, Ga., Charles B. Lewis, Jr., Asst. U.S. Atty., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Dangler, a Jehovah's Witness, classified as a conscientious objector, was indicted, tried and convicted of failing to report to a state hospital for employment in accordance with the lawful instructions from his local board in violation of 50 U.S.C.A. App. § 462. We affirm. 1

We find utterly without merit Dangler's contention that the trial judge abused his discretion when, at the request of a prospective juror who was a

Page 345

Jehovah's Witness, he excused the juror for the term.

Dangler also urges that it was error to overrule his challenge to the array of jurors. He argues that Jehovah's Witnesses do not vote and therefore are not included in jury panels. But their exclusion as jurors is not borne out by the record. It is plain, however, that if they do not serve as jurors, it is not because they are deliberately excluded but because they are excused at their own request. We have approved the use of voter registration lists as the sole source of names for jury duty unless it results in the systematic exclusion of 'a cognizable group or class of qualified citizens.' Camp v. United States, 5 Cir. 1969, 413 F.2d 419. And we have held that those who do not choose to register cannot be considered a cognizable group. Grimes v. United States, 5 Cir. 1968, 391 F.2d 709, cert. denied,393 U.S. 825, 89 S.Ct. 87, 21 L.Ed.2d 96.

Dangler's final contention that the evidence failed to show that he had a duty to report for employment at Delaware State Hospital is frivolous.

Affirmed.

>


Notes:

[1] Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir. 1969, 417 F.2d 526, Part I.


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13 practice notes
  • 528 F.2d 999 (5th Cir. 1976), 73--3383, United States v. James
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 19 Marzo 1976
    ...did not comprise a cognizable group or class. Camp v. United States, 5 Cir., 413 F.2d 419 (1969); United States v. Dangler, 5 Cir., 422 F.2d 344 (1970). The jury selection system challenged here closely resembled the one which this Court upheld in Simmons v. United States, 5 Cir., 406 F.2d ......
  • 506 F.2d 805 (5th Cir. 1975), 73-3732, Foster v. Sparks
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 20 Enero 1975
    ...United States v. Bennett, 445 F.2d 638 (9th Cir. 1971); United States v. Parker, 428 F.2d 488 (9th Cir. 1970); United States v. Dangler, 422 F.2d 344 (5th Cir. 1970); United States v. Arnett, 342 F.Supp. 1255 [30] For a sampling of authority upholding such use, see United States v. Dellinge......
  • 366 F.Supp. 1356 (N.D.Fla. 1973), GCR 1353, United States v. Briggs
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Florida
    • 31 Mayo 1973
    ...United States, 413 F.2d 419, 421 (5th Cir. 1969), cert. den. 396 U.S. 968, 90 S.Ct. 451, 24 L.Ed.2d 434 (1969); United States v. Dangler, 422 F.2d 344 (5th Cir. 1970); Grimes v. United States, 391 F.2d 709 (5th Cir. 1968), cert. den. 393 U.S. 825, 89 S.Ct. 87, 21 L.Ed.2d 96 (1968). See also......
  • 555 F.2d 737 (9th Cir. 1977), 76-2661, United States v. Lustig
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • 15 Junio 1977
    ...did, the excusal would not violate defendant's rights. See Grech v. Wainwright, 492 F.2d 747, 749 (5 Cir. 1974); United States v. Dangler, 422 F.2d 344, 345 (5 Cir. [10] Lustig also claims that the use of his telephone records as evidence violated his right to privacy. It is well establishe......
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13 cases
  • 528 F.2d 999 (5th Cir. 1976), 73--3383, United States v. James
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 19 Marzo 1976
    ...did not comprise a cognizable group or class. Camp v. United States, 5 Cir., 413 F.2d 419 (1969); United States v. Dangler, 5 Cir., 422 F.2d 344 (1970). The jury selection system challenged here closely resembled the one which this Court upheld in Simmons v. United States, 5 Cir., 406 F.2d ......
  • 506 F.2d 805 (5th Cir. 1975), 73-3732, Foster v. Sparks
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 20 Enero 1975
    ...United States v. Bennett, 445 F.2d 638 (9th Cir. 1971); United States v. Parker, 428 F.2d 488 (9th Cir. 1970); United States v. Dangler, 422 F.2d 344 (5th Cir. 1970); United States v. Arnett, 342 F.Supp. 1255 [30] For a sampling of authority upholding such use, see United States v. Dellinge......
  • 366 F.Supp. 1356 (N.D.Fla. 1973), GCR 1353, United States v. Briggs
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Florida
    • 31 Mayo 1973
    ...United States, 413 F.2d 419, 421 (5th Cir. 1969), cert. den. 396 U.S. 968, 90 S.Ct. 451, 24 L.Ed.2d 434 (1969); United States v. Dangler, 422 F.2d 344 (5th Cir. 1970); Grimes v. United States, 391 F.2d 709 (5th Cir. 1968), cert. den. 393 U.S. 825, 89 S.Ct. 87, 21 L.Ed.2d 96 (1968). See also......
  • 555 F.2d 737 (9th Cir. 1977), 76-2661, United States v. Lustig
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • 15 Junio 1977
    ...did, the excusal would not violate defendant's rights. See Grech v. Wainwright, 492 F.2d 747, 749 (5 Cir. 1974); United States v. Dangler, 422 F.2d 344, 345 (5 Cir. [10] Lustig also claims that the use of his telephone records as evidence violated his right to privacy. It is well establishe......
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