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ABBOTT HOWARD HOFFMAN "'Considering appelete's testimony as to his political views and ideology, we may well assume thet the episode hed a distinet flavor of scarcasm or mockery, with an added element of childishmess in his playing of the yo-yo, but appelete's performance to his audience did not include the physical injury to the materiel of the shirt essential to be proved beyond a reasonable doubt to support a conviction of the crime defined in the statute,’ Fahy wrote. "Judge George M, Mackinnon -in cite of two CUCL Pian,” opinions, said that a study of the original trial records shovs a lack of any evidence to demonstrate a knowing casting of contempt upon the flag by Hoffman." On April 7, 197 United States Court of Appeals, advised @ representa the FBI that the case of Abbie Hoffman versus the United States (Case Number 23514) in a unanimous opinion, was reversed and a judgment was entered reversing the judgment of the United States District Court, WHE =< advised thet an order was entered on Apr » 1971, amending the opinion but that this amendment pertained only to form and did not affect the substance of the opinion whatsoever. WEES «=: <: that this appeal was based on Hoffman's conviction on December 20, 1968, in the Court of General Sessions, District of Columbia, on a charge of defiling the Americen flag by wearing a shirt resembling the fleg. 2k