UNITED STATES v. CAPSON

No. 8059.

347 F.2d 959 (1965)

UNITED STATES of America, Appellant, v. Craig A. CAPSON, Appellee.

United States Court of Appeals Tenth Circuit.

July 2, 1965.


Attorney(s) appearing for the Case

H. Ralph Klemm, Asst. U. S. Atty. (William T. Thurman, U. S. Atty., on the brief), for appellant.

Daniel L. Berman, Salt Lake City, Utah, for appellee.

Before PHILLIPS, LEWIS and HILL, United States Circuit Judges.


HILL, Circuit Judge.

Appellee, a Jehovah's Witness, was indicted for refusing to be inducted into the Armed Forces in violation of 50 App. U.S.C. § 462. He moved to dismiss the indictment upon two grounds: (1) That he was denied the assistance of counsel, as guaranteed by the VI Amendment, for the purpose of appealing his Selective Service Classification from his local draft board to the appeal board; and (2) that the notice of his right to appeal the classification...

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