WELSH v. UNITED STATES

No. 21442.

404 F.2d 1078 (1968)

Elliott Ashton WELSH, II, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 31, 1969.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Michael Hannon, Los Angeles, Cal., for appellant.

Gabriel Gutierrez (argued), Asst. U.S. Atty., Wm. Matthew Byrne, Jr., U.S. Atty., Robert L. Brosio, Asst. U.S. Atty., Crim. Div., A. Michael Glassman, Asst. U.S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and POWELL, District Judge.


POWELL, District Judge:

This appeal is from a conviction of the appellant for refusal to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. This Court has jurisdiction under Rule 37 of Federal Rules of Criminal Procedure and 28 U.S.C. § 1291.

The appellant Welsh registered with his local board on February 2, 1960. On December 11, 1961 the board received his completed classification questionnaire (SSS Form 100). He did...

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