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UNITED STATES v. HOUSTON

No. 272, Docket 34550.

433 F.2d 939 (1970)

UNITED STATES of America, Appellee, v. Vincent James HOUSTON, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 28, 1970.

Attorney(s) appearing for the Case

Robert H. Hermann, The Legal Aid Society, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for appellant.

Vincent J. Favorito, Asst. U. S. Atty. (David G. Trager, Asst. U. S. Atty., of counsel; Edward R. Neaher, U. S. Atty., Eastern District of New York, on the brief), for appellee.

Before CLARK, Associate Justice, LUMBARD, Chief Judge, and KAUFMAN, Circuit Judge.

PER CURIAM:

The sole question presented on this appeal is whether Houston's conviction for refusing to report for induction into the armed forces in violation of 50 U.S.C. App. § 462(a), is vitiated by infirmities in the procedures by which his local draft board rejected his application to be classified as a conscientious objector.

Besides Houston himself, the only witness at his trial1 was Mrs. Joyce Cook, the Executive Secretary...

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