UNITED STATES v. PENCE

No. 19423.

410 F.2d 557 (1969)

UNITED STATES of America, Appellee, v. David Marshall PENCE, Appellant.

United States Court of Appeals Eighth Circuit.

May 1, 1969.


Attorney(s) appearing for the Case

Douglas Hall, Minneapolis, Minn., for appellant.

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

Before GIBSON, LAY and HEANEY, Circuit Judges.


LAY, Circuit Judge.

David Marshall Pence appeals his conviction of failing "to comply with an order of his local board to report for and submit to induction into the armed forces of the United States * * *" in violation of 50 U.S.C.App. § 462. The grounds of appeal are two-fold: (1) that defendant's I-A classification (available for military service) was without basis in fact and (2) that defendant's reclassification from I-A-O (conscientious objector available...

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