FLEMING v. UNITED STATES

No. 7742.

344 F.2d 912 (1965)

John Harris FLEMING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 30, 1965.


Attorney(s) appearing for the Case

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

David A. Kline, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., on the brief), for appellee.

Before PICKETT, LEWIS and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant was indicted, tried by the court without a jury and convicted on the charge of wilfully refusing to submit to induction into the armed forces of the United States, in violation of 50 U.S.C.A. App. § 462. The appeal is from that judgment of conviction.

On July 8, 1957, Fleming registered under the provisions of the Universal Military Training and Service Act, as amended, 50 U.S.C.A. App. § 451 et seq. He was a member...

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