UNITED STATES v. PORTER

No. 13989.

314 F.2d 833 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Dennis PORTER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 16, 1963.


Attorney(s) appearing for the Case

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

Alfred W. Moellering, U. S. Atty., Joseph F. Eichhorn, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Donald Dennis Porter, defendant, has appealed from a judgment of the district court, based on a finding of guilty of the offense of failure to report for induction under 50 U.S.C.A.Appendix, § 462(a), as charged in an indictment.

In seeking a reversal of his conviction, he argues that he presented a prima facie case to his local draft board for a conscientious objector's classification and that the agency file contains no...

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