ETCHEVERRY v. UNITED STATES

No. 18465.

320 F.2d 873 (1963)

Frederic Wayne ETCHEVERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 11, 1963.


Attorney(s) appearing for the Case

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

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, David R. Nissen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

The only issues raised by appellant on this appeal from his conviction of violating the Universal Military Training and Service Act, 50 U.S.C.A. Appendix § 462, concern the constitutionality of the Act. These issues have been resolved against appellant by prior decisions of this Court, binding upon us.

Appellant asserts that peacetime conscription is beyond the power conferred upon Congress by Article I, Section 8 of the Constitution...

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