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UNITED STATES v. MARTIN

No. 75-69.

416 F.2d 44 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky Keith MARTIN, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 24, 1969.

Attorney(s) appearing for the Case

Mary Walters, Albuquerque, N. M. (James R. Toulouse, Albuquerque, N. M., was on the brief) for appellant.

Victor R. Ortega, U. S. Atty. (John A. Babington, Asst. U. S. Atty., was with him on the brief) for appellee.

Before PHILLIPS, LEWIS and HICKEY, Circuit Judges.

LEWIS, Circuit Judge.

The defendant was found guilty by the United States District Court for the District of New Mexico of wilfully refusing to submit to induction into the armed forces, violative of 50 U.S.C. App. § 462. The only defense to the charge which has been made, either in the trial court below or here on appeal, is the alleged invalidity of the Selective Service Local Board's classification of the defendant as I-A-O. It was pursuant to this classification...

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