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FITTS v. UNITED STATES

No. 20973.

334 F.2d 416 (1964)

Lydle Wayne FITTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 10, 1964.

Attorney(s) appearing for the Case

Victor V. Blackwell, Covington, La., for appellant.

Thomas G. Lilly, Asst. U. S. Atty., H. M. Ray, U. S. Atty., Oxford, Miss., for appellee.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

We are asked to review a conviction under the Universal Military Training and Service Act, 50 U.S.C.A. App. §§ 451-470. Lydle Wayne Fitts, one of Jehovah's Witnesses, was charged under Section 462 of the Act with failing to report to his local selection service board at Indianola, Mississippi, for assignment for civilian work as a conscientious objector.1 He contends that as an "ordained minister of religion...

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