UNITED STATES v. JONES

No. 25210.

431 F.2d 619 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John Raymond JONES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 28, 1970.


Attorney(s) appearing for the Case

Martha Goldin (argued), Alan Saltzman, Hollywood, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., Robt. L. Brosio, Chief, Crim. Div., Edward J. Wallin (argued), Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, HUFSTEDLER and KILKENNY, Circuit Judges.


MERRILL, Circuit Judge:

Appellant was convicted following jury trial of failure to report for induction into the armed forces.

On this appeal, his first contention is that he was called for induction out of order.

This challenge is directed to the call issued by the California State Director on the local boards of the state. The call to appellant's board was for 13 men, but also, pursuant to state practice, stated: "* * * delinquents will be ordered...

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