UNITED STATES v. SMITH

No. 18331.

399 F.2d 896 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. James Harrison SMITH, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 10, 1968.


Attorney(s) appearing for the Case

Terrence R. Fitzgerald, Louisville, Ky., (court appointed) for appellant.

John L. Smith, Asst. U. S. Atty., Louisville, Ky., for appellee; Ernest W. Rivers, U. S. Atty., Louisville, Ky., on brief.

Before PHILLIPS, EDWARDS, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from conviction of a willful and knowing failure to perform a duty required under the Universal Military Training and Service Act, 50 U.S.C. App. § 462.

Appellant, who was initially classified 1-A, appealed that classification and on September 24, 1965, was accorded a 1-O classification in recognition of his claim of conscientious objection as a Jehovah's Witness. On December 9, 1965, as the result of a pre-induction...

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