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LEMIEN v. UNITED STATES

No. 11632.

158 F.2d 550 (1946)

LEMIEN v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 5, 1947.

Attorney(s) appearing for the Case

Robert D. Wigginton, of Gulfport, Miss., for appellant.

Toxey Hall, U. S. Atty., and Robert E. Hauberg, Asst. U. S. Atty., both of Jackson, Miss., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

The appellant was convicted by a jury of willfully failing to report for induction into the armed forces of the United States, in violation of the Selective Training & Service Act of 1940.1 He appealed from the judgment that was entered upon the verdict, and seeks reversal thereof upon the ground that he was a regular minister of religion who was exempt from military training and service.

Appellant was...

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