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HOWZE v. UNITED STATES

No. 16378.

272 F.2d 146 (1959)

Burl Melton HOWZE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 28, 1959.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Robert D. Hornbaker and Robert John Jensen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS, ORR and MARTIN, Circuit Judges.

STEPHENS, Circuit Judge.

The appellant has been convicted of failing to remain in employment after he was assigned civilian work upon being classified I-O (conscientious objector) by his local draft board. Title 50 U.S.C.A. Appendix, § 462. He appeals his conviction on three grounds: That he should have been classified II-C (essential farm worker); that the proof did not conform to the charge; and, that the order of the Draft Board to perform civilian labor was...

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