UNITED STATES v. PACKER

No. 116, Docket 22514.

200 F.2d 540 (1952)

UNITED STATES v. PACKER.

United States Court of Appeals Second Circuit.

Decided December 31, 1952.


Attorney(s) appearing for the Case

Herman Adlerstein, New York City, for defendant-appellant.

Myles J. Lane, U. S. Atty., Daniel H. Greenberg, Thomas F. Burchill, Jr., and Silvio J. Mollo, Asst. U. S. Attys., New York City, for United States of America, plaintiff-appellee.

Before AUGUSTUS N. HAND, and CLARK and FRANK, Circuit Judges.


PER CURIAM.

The defendant was convicted for violation of 50 U.S.C.A.Appendix, § 462 in failing to take the symbolic "one step forward" required for his induction into the armed forces. The government argues that he waived the claim to be classified as a conscientious objector, which he is now asserting, because he did not set it forth in his answer to the selective service questionnaire. He was, however, later given by his Draft Board a form to fill out for the...

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