FOSTER v. UNITED STATES

No. 24681.

384 F.2d 372 (1967)

Melburn Lewis FOSTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 19, 1967.


Attorney(s) appearing for the Case

John R. Calhoun, Savannah, Ga., Gerald S. Mullis, Macon, Ga., for appellant.

Sampson Culpepper, Asst. U. S. Atty., Floyd M. Buford, U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.


AINSWORTH, Circuit Judge:

Appellant Melburn Lewis Foster, a member of the religious sect known as Jehovah's Witnesses, was convicted on November 10, 1966 of a violation of the Universal Military Training and Service Act, 50 U.S.C. App. § 462, for failing to report on May 25, 1966 to his local draft board for assignment to civilian employment for two years (as a conscientious objector) at the Delaware State Hospital. The case was tried by the court without a jury...

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