DAVIS v. UNITED STATES

No. 19329.

410 F.2d 89 (1969)

Ardith Alvin DAVIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 30, 1969.


Attorney(s) appearing for the Case

Dan Johnston, of Jesse, Le Tourneau & Johnston, Des Moines, Iowa, for appellant; Lawrence Le Tourneau, Des Moines, Iowa, on brief.

James P. Rielly, U. S. Atty., Des Monies, Iowa, for appellee; Jerry E. Williams and Claude H. Freeman, Asst. U. S. Attys., Des Moines, Iowa, with him on brief.

Before VAN OOSTERHOUT, Chief Judge and MATTHES and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

Ardith Alvin Davis, who claims to be a conscientious objector to military service, appeals from his conviction for willfully refusing induction into the armed forces. The incident which gave rise to the prosecution occurred on November 8, 1967, at Des Moines, Iowa. This appeal deals with Davis' basic claim that the induction order was illegal and void because the local Selective Service board improperly refused to reopen his I-A draft classification...

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