MAGEE v. UNITED STATES

No. 7028.

392 F.2d 187 (1968)

Robert D. MAGEE, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

April 12, 1968.


Attorney(s) appearing for the Case

Lawrence F. O'Donnell, Boston, Mass., by appointment of the Court, for appellant.

John Wall, Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., and Edward F. Harrington, Asst. U. S. Atty., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

Defendant appeals his conviction for wilfully failing to report for civilian work in lieu of induction into the armed forces.

In 1965 after being classified 1-A and passing a physical examination, defendant asked his draft board for a personal appearance with respect to a conscientious objector claim. Although the ten day period for appeal had long since expired, the board granted his request. On January 19, 1966, he appeared before...

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