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YATES v. UNITED STATES

No. 7117.

404 F.2d 462 (1968)

Richard D. YATES, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided December 13, 1968.

Rehearing Denied February 14, 1969.

Attorney(s) appearing for the Case

Robert S. Frank, Jr., Boston, Mass., by appointment by the Court, with whom Choate, Hall & Stewart, Boston, Mass., was on brief, 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.

Rehearing Denied February 14, 1969. See 407 F.2d 50.

McENTEE, Circuit Judge.

Defendant, one Yates, appeals his conviction for refusal to submit to induction into the armed forces. In October 1963 shortly after his eighteenth birthday, defendant registered with Local Board 15 in Walterboro, South Carolina, the Selective Service Board that had jurisdiction over him. Subsequently he moved to Boston where he now lives. In 1966...

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