UNITED STATES v. ATHERTON

No. 23406.

430 F.2d 741 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Stewart ATHERTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 10, 1970.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for defendant-appellant.

T. E. Orliss (argued), Ronald S. Morrow, Asst. U. S. Attys., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, BROWNING and ELY, Circuit Judges.


BROWNING, Circuit Judge.

Defendant appeals from his conviction for refusing induction into the armed forces. 50 U.S.C. App. § 462. He contends that his conscientious objector claim was rejected because of a misinterpretation of 50 U.S.C. App. § 456 (j), and that his I-A classification is without basis in fact.

The minutes of the local board suggest three possible bases for the rejection of defendant's conscientious objector claim.

First,...

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