McCOY v. UNITED STATES

No. 25118.

403 F.2d 896 (1968)

Gary Herndon McCOY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 5, 1968.


Attorney(s) appearing for the Case

Thomas Gene Clark, Laurel, Miss., for appellant.

Robert E. Hauberg, E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and SPEARS, District Judge.


AINSWORTH, Circuit Judge:

Appellant Gary Herndon McCoy, a Jehovah's Witness, having waived a jury, was tried and convicted by the District Court for refusing to be inducted into the armed forces in violation of 50 U.S.C. App. § 462, and was sentenced to imprisonment for a term of five years.

He registered with his Selective Service board on June 13, 1961, and was classified I-A by the board on June 12, 1962. On December 5, 1963, his classification was...

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