CAPSON v. UNITED STATES

No. 9213.

376 F.2d 814 (1967)

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

United States Court of Appeals Tenth Circuit.

May 8, 1967.


Attorney(s) appearing for the Case

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

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

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant was convicted by a jury of violating Title 50 App.U.S.C. § 462, for refusing to submit himself for induction into the Armed Forces. The case was previously before us with the United States as appellant after the trial judge sustained the motion of the accused to dismiss the indictment.1

In view of our complete statement of facts in the first case, which need not be reiterated here, we will pass...

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