UNITED STATES v. SIMMONS

No. 11011.

213 F.2d 901 (1954)

UNITED STATES v. SIMMONS.

United States Court of Appeals Seventh Circuit.

June 15, 1954.


Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., Karl M. Milgrom, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., James B. Parsons, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Defendant was charged with willfully refusing to submit to induction into the armed forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462. He admitted that he had refused to submit, but averred that the induction order was void by reason of the invalidity of his selective service classification which denied his claim of exemption from service as a conscientious objector...

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