KEENE v. UNITED STATES

No. 6018.

266 F.2d 378 (1959)

Richard Glenn KEENE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 8, 1959.


Attorney(s) appearing for the Case

William F. Reynard, Denver, Colo. (Albert L. Vogl, and Frank C. Lowe, Denver, Colo., were with him on brief), for appellant.

Lt. Colonel Robert T. Hays, Washington, D. C. (Donald E. Kelley, James C. Perrill, Denver, Colo., and Daniel O. Omer, Washington, D. C., were with him on brief), for appellee.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from a judgment and sentence on a conviction for refusal to submit to induction into the armed forces in violation of Section 462(a), Title 50 U.S.C.A.Appendix. Foremost, the judgment and sentence are said to be void because the government failed to prove the essential jurisdictional fact that appellant was legally classified I-A as a prerequisite to induction into the armed forces. The precise point is the failure to prove...

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