UNITED STATES v. CUMMINS

No. 19670.

425 F.2d 646 (1970)

UNITED STATES of America, Appellee, v. Dennis Murray CUMMINS, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied May 26, 1970.


Attorney(s) appearing for the Case

Louis Gilden, St. Louis, Mo., for appellant.

Daniel R. O'Neill, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel R. Bartlett, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.


LAY, Circuit Judge.

Dennis Murray Cummins appeals his conviction of failing to report for induction under the Selective Service Act, 50 U.S.C. App. § 462. Defendant asserts several grounds of appeal; basic to our discussion are the claimed denial of procedural due process and the claim of no basis-in-fact for his I-A classification. We reverse with directions to enter a verdict of acquittal.

Dennis Murray Cummins was reclassified from II-S to I-A on December...

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