Biggs, Adams and Max Rosenn, Circuit Judges.
The defendant appellant Demangone was indicted for failure to keep his classification notice in his possession. The Grand Jury charged: "That on or about the 15th day of April, 1970, at Pittsburgh, in the County of Allegheny, in the Western District of Pennsylvania, the defendant, Lawrence Demangone, being, in pursuance of the Military Selective Service Act of 1967, a registrant with Local Board No. 167 at Greensburg, Pennsylvania, unlawfully, wilfully and knowingly did fail and neglect to perform a duty required of him by the said Act and the rules, regulations and directions issued pursuant thereto, in that the defendant did fail and neglect to keep and retain in his possession his Classification Notice, Selective Service System Form No. 110. In violation of Title 50, Appendix, United States Code, Section 462(a)."*fn1
At a peace rally held in Point Park by Monsignor Rice on April 15, 1970, Wyndle Watson, a reporter of the Pittsburgh Press, stated: "Monsignor Rice was on the stand at the time, and the best I can recall he said he had somebody to introduce, and I believe he said something to the effect that 'many of you know him, have met him before,' or something to that effect, and introduced a young boy. I believe he called him Larry, or called him Lawrence Demangone, and he took the microphone at that time and indicated that this was the second draft card that he had given up. He said, 'They sent me another one, and I have no further use for it,' and he turned over what he identified as his draft card to Monsignor Rice."
The following questions and answers follow in the transcript, the questions being asked by Assistant United States Attorney Kathleen Curtin:
A. . . . He identified himself as Lawrence Demangone.
Q. He identified himself as Lawrence Demangone?
A. He was introduced -- sorry -- as Lawrence Demangone. I am not sure, but I might have talked to him later. I am not positive. I got the spelling of his name somewhere. I would assume that in normal procedure I would have talked to him when he stepped down from the stage to get the proper spelling of his name and where he was from.
Q. Do you recall what he said at the time?
A. . . . I don't have the clipping. I am sure I quoted him to the effect that they sent him another draft card and he still didn't have any need for one, something to this effect, and he turned it over to Monsignor Rice. I didn't see the card. The card wasn't destroyed in my presence.
Q. Did he at that time make any other reference to any other persons?
A. He mentioned about being in Federal Court with another person previously. I think he referred to it as 'a year ago.'
Q. Did he at that time identify this as his draft card?
Q. How far away were you standing from ...