LINGO v. UNITED STATES

No. 21630.

384 F.2d 724 (1967)

Robert James LINGO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 26, 1967.


Attorney(s) appearing for the Case

Franklin P. Jones, Fresno, Cal., for appellant.

Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, David Nissen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before HAMLEY, JERTBERG and ELY, Circuit Judges.


JERTBERG, Circuit Judge:

Following trial to a jury, appellant was convicted of the offense of violating 50 U.S.C. Appendix Section 462 [refusal to be inducted into the Armed Forces]. He was sentenced to the custody of the Attorney General for a period of three years.

On this appeal, appellant specifies as errors:

1. There is no basis in fact for the 1-A classification given to appellant, and therefore the order to report for induction on March 10,...

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