UNITED STATES v. DANIELL

No. 7689.

435 F.2d 834 (1970)

UNITED STATES of America, Appellee, v. Eugene Sanger DANIELL, III, Defendant, Appellant.

United States Court of Appeals, First Circuit.

December 11, 1970.


Attorney(s) appearing for the Case

Gerald R. Prunier, Nashua, N. H., with whom Leonard, Leonard, Prolman & Prunier, Nashua, N. H., was on the brief, for appellant.

William B. Cullimore, Asst. U. S. Atty., with whom David A. Brock, U. S. Atty., was on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Defendant appeals from a conviction for admitted refusal to be inducted into the armed forces, asserting that his draft board failed to consider his claim to be classified as a conscientious objector. The draft board in fact did not consider the claim, the form not having been received until after defendant had been called upon to take the step forward, and had refused.

The background facts are these. After defendant had passed his physical, and...

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