UNITED STATES v. McQUEARY

No. 23101.

408 F.2d 493 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Warren McQUEARY, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 10, 1969.


Attorney(s) appearing for the Case

James R. Hagan (argued), Menlo Park, Cal., for appellant.

Irving Prager (argued), Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Robert L. Brosio, Arnold G. Regardie, James E. Shekoyan, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BROWNING, DUNIWAY and CARTER, Circuit Judges.


PER CURIAM:

Appellant was convicted in a trial to the court for refusing induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462. He raises three points on appeal.

1. We are satisfied that the evidence was sufficient to permit the court to conclude beyond a reasonable doubt that appellant was properly notified of the action of the Board reclassifying him 1-A on August 23, 1966. The Selective Service file contained a notation...

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