UNITED STATES v. GUTKNECHT

No. 19407.

406 F.2d 494 (1969)

UNITED STATES of America, Appellee, v. David Earl GUTKNECHT, Appellant.

United States Court of Appeals Eighth Circuit.

January 20, 1969.


Attorney(s) appearing for the Case

J. Earl Cudd, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Patrick J. Foley, U. S. Atty., Minneapolis, Minn., with him on brief.

Chester A. Bruvold, Minneapolis, Minn., for appellant.

Stephen B. Swartz, Minneapolis, Minn., amicus curiae Minnesota Civil Liberties Union; Lynn S. Castner, Executive Secretary, Counsel, Minnesota Civil Liberties Union, Minneapolis, Minn., and Melvin L. Wulf, American Civil Liberties Union, New York City, with him on brief.

Before MATTHES, GIBSON and LAY, Circuit Judges.


LAY, Circuit Judge.

Defendant appeals his jury-waived conviction of violation of the Selective Service Law. On June 21, 1967, defendant was classified 1-A by his local draft board after a review of his claimed status as a conscientious objector. Defendant appealed to his state appeal board which, on November 1, 1967, approved his 1-A classification. On December 20, 1967, his local board declared him delinquent for failure to have in his possession his registration...

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