UNITED STATES v. STOUT

No. 13126.

415 F.2d 1190 (1969)

UNITED STATES of America, Appellee, v. Carl Duncan STOUT, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 18, 1969.


Attorney(s) appearing for the Case

John H. O'Brien, Jr., Richmond, Va., (Court-appointed counsel) for appellant.

David G. Lowe, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief) for appellee.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.


WINTER, Circuit Judge:

Because his local board's order to report and submit to induction was invalid by reason of the board's refusal to consider whether defendant should be classified as a conscientious objector, we reverse defendant's conviction for failure to submit to induction in violation of 50 U.S.C.A. App. § 462.

To the extent pertinent, Carl Duncan Stout's selective service file shows that, in 1965 and 1966, he was granted II-S (educational)...

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