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DE MOSS v. UNITED STATES

No. 15112.

218 F.2d 119 (1954)

Donald Jackson DE MOSS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 19, 1955.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., for appellant.

Robert J. Spayde, Asst. U. S. Atty., Oskaloosa, Iowa (Roy L. Stephenson, U. S. Atty., Des Moines, Iowa, and John C. Stevens, Asst. U. S. Atty., Muscatine, Iowa, on the brief), for appellee.

Before GARDNER, Chief Judge, and COLLET and VAN OOSTERHOUT, Circuit Judges.

COLLET, Circuit Judge.

Defendant was indicted, tried and convicted on a charge of refusing to submit to induction into the armed forces of the United States. He contends that he was a minister of Jehovah's Witnesses. The local draft board denied his claims as a minister but classified him as a conscientious objector. On appeal, the appeal board denied both and classified him I-A, eligible for military service. The draft board ordered his induction. He refused to be...

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