MILLER v. UNITED STATES

No. 21417.

388 F.2d 973 (1967)

David Bruce MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 29, 1967.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Michael Hannon, Los Angeles, Cal., Ralph K. Helge, Pasadena, Cal., for appellant.

Michael J. Swofford, Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Seattle, Wash., for appellee.

Before CHAMBERS, Chief Judge, JOHNSEN and KOELSCH, Circuit Judges.


JOHNSEN, Senior Circuit Judge.

Appellant was convicted on a jury-waived trial of refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462 and was sentenced to five years imprisonment.

The determinative question here is whether the manner in which the Local Selective Service Board handled and disposed of appellant's claim to be a conscientious objector and his request for a change of classification on this basis was legally...

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