UNITED STATES v. BANKS

No. 26961.

413 F.2d 435 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Chester BANKS, III, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 25, 1969.


Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for appellant.

Charles L. Goodson, U. S. Atty., Charles B. Lewis, Jr., Asst. U. S. Atty., Allen L. Chancey, Jr., Acting U. S. Atty., Atlanta, Ga., for appellee.

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.


PER CURIAM:

The appellant was convicted of failing to submit to induction in violation of 50 App.U.S.C. § 462. He received a five year sentence. We affirm.

In March, 1967, Banks picked up Form 150, the conscientious objector questionnaire, but he never returned it. On August 3, 1967, the Board mailed him a notice to report for induction. The notice was later returned "addressee unknown". Seven days later, Banks wrote his Board and requested Form 150,...

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