CALLISON v. UNITED STATES

No. 23014.

413 F.2d 133 (1969)

William Alan CALLISON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 9, 1969.


Attorney(s) appearing for the Case

James R. McCall (argued), Oakland, Cal., for appellant.

Paul G. Sloan (argued), Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., Crim. Div., San Francisco, Cal., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and TAYLOR, District Judge.


MERRILL, Circuit Judge:

Following a nonjury trial appellant was found guilty of refusal to submit to induction into the Armed Forces of the United States in violation of 50 App.U. S.C. § 462(a). He has taken this appeal from judgment.

1. Refusal to Submit

The principal question presented is whether appellant can, under the peculiar facts of this case, be charged with refusal to submit to induction. His "refusal" consisted of his disobedience...

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