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UNITED STATES v. BROOKS

No. 18679.

415 F.2d 502 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Harris BROOKS, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 4, 1969.

Attorney(s) appearing for the Case

Reber F. Boult, Jr. (Court Appointed), Atlanta, Ga., for appellant; Charles Morgan, Jr., Atlanta, Ga., Richard Bellman, Robert Carter, New York City, Howard Moore, Jr., Atlanta, Ga., Whitworth Stokes, Jr., Nashville, Tenn., on brief; Melvin Wulf, New York City, of counsel.

Carlton H. Petway, Asst. U. S. Atty., Nashville, Tenn., for appellee; Gilbert S. Merritt, Jr., U. S. Atty., Nashville, Tenn., on brief.

Before O'SULLIVAN, PECK and COMBS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Fred Harris Brooks was convicted upon jury trial for refusal to submit to induction into the army, in violation of Section 462, Title 50, United States Code App. On March 15, 1968, he was sentenced to imprisonment for a term of four years. Defendant has remained at liberty pending determination of this appeal to us.

On April 30, 1964, Brooks registered with Selective Service System Local Board No. 20 at Nashville, Tennessee. He was...

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