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UNITED STATES v. FREEMAN

No. 16125.

388 F.2d 246 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Russell FREEMAN, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 19, 1968.

Attorney(s) appearing for the Case

Harry F. Peck, Jr., Hayes & Peck, Milwaukee, Wis., for defendant-appellant, Russell Freeman.

James B. Brennan, U. S. Atty., Thomas J. Jones, Asst. U. S. Atty., Milwaukee, Wis., for appellee.

Before KNOCH, KILEY and SWYGERT, Circuit Judges.

Rehearing Denied January 19, 1968, en banc.

KILEY, Circuit Judge.

Defendant Freeman was convicted by the district court, without a jury of willfully refusing to submit to induction into the armed forces, 50 App. U.S.C. Sec. 462, and was sentenced to two years imprisonment. He has appealed. We reverse.

Freeman was classified 1-A in February, 1961, and received a Notice of Classification (SSS No. 110) which includes

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