UNITED STATES v. SPIRO

No. 16073.

384 F.2d 159 (1967)

UNITED STATES of America v. Stephen SPIRO, Appellant.

United States Court of Appeals Third Circuit.

Decided August 29, 1967.

As Amended On Denial of Rehearing October 20, 1967.


Attorney(s) appearing for the Case

Esther Strum Frankel, Frankel & Frankel, Paterson, N. J., for appellant.

Matthew J. Scola, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Richard D. Catenacci, Asst. U. S. Atty., Newark, N. J., on the brief), for appellee.

Before STALEY, Chief Judge, KALODNER, Circuit Judge, and SHERIDAN, District Judge.


OPINION OF THE COURT

STALEY, Chief Judge.

This appeal is from a conviction under an indictment charging a violation of 50 U.S.C. App. § 462 (1964). Defendant, Stephen Spiro, was classified I-A by his local draft board and at his trial he challenged the validity of this classification, contending that he should have been classified as a conscientious objector. The district judge, sitting without a jury, found that appellant, a Roman Catholic, was properly...

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