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CAPEHART v. UNITED STATES

No. 7238.

237 F.2d 388 (1956)

John Ronald CAPEHART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 9, 1956.

Writ of Certiorari Denied January 14, 1957.

Attorney(s) appearing for the Case

Victor F. Schmidt, Columbus, Ohio, for appellant.

Eugene N. Barkin, Atty., Dept. of Justice, Washington, D. C. (Warren Olney, III, Asst. Atty. Gen., Albert M. Morgan, U. S. Atty., Morgantown, W. Va., and Robert J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and BRYAN, District Judge.

Writ of Certiorari Denied January 14, 1957. See 77 S.Ct. 363.

PER CURIAM.

This is an appeal from a conviction and sentence in a prosecution for refusing to perform civilian work by one who had been classified as a conscientious objector under the Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. Appellant, who is a member of the sect known as Jehovah's Witnesses, claimed that he should have been classified as a minister of religion...

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