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ROBERTSON v. UNITED STATES

No. 25099.

417 F.2d 440 (1969)

Julita David ROBERTSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 25, 1969.

Attorney(s) appearing for the Case

Stephen D. Susman, Houston, Tex., for appellant.

Will Wilson, Asst. Atty. Gen., Criminal Div., Dept. of Justice, Washington, D.C. Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before JOHN R. BROWN, Chief Judge, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and MORGAN, Circuit Judges, En Banc.

AINSWORTH, Circuit Judge:

Appellant Julita David Robertson, a Jehovah's Witness, having waived jury trial, was tried and convicted by the District Judge for failure to report as a conscientious objector for civilian employment in lieu of military service, in violation of 50 U.S.C. App. § 462. He appealed on the principal ground that the local Selective Service board improperly declined to grant him a ministerial exemption

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