UNITED STATES v. RINK

No. 17988.

430 F.2d 647 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John Robert RINK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

July 29, 1970.


Attorney(s) appearing for the Case

Sander N. Karp, Greenberg, Karp & Heitzman, Milwaukee, Wis., for the Wisconsin Selective Service Lawyer's Panel and for defendant-appellant.

David J. Cannon, U. S. Atty., Richard E. Reilly, Terry E. Mitchell, Asst. U. S. Attys., Milwaukee, Wis., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.


KILEY, Circuit Judge.

Defendant Rink was convicted by the district court, without a jury, of willfully refusing to submit to induction into the armed forces. 50 U.S.C. App. § 462. He appeals. We reverse.

Rink registered for the draft February 16, 1965, and was classified I-A on March 23, 1965. For our purposes now, it is needless to relate the history of Rink's course before his local and appeal boards between the date of his registration and the final...

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