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UNITED STATES v. PERDUE

No. 14077.

425 F.2d 1092 (1970)

UNITED STATES of America, Appellee, v. Bobby Gene PERDUE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1970.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C. (Smith & Patterson, Greensboro, N. C., on brief), for appellant.

Bruce B. Briggs, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty., on brief), for appellee.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

Defendant's conviction for failing to submit to induction into the Armed Forces of the United States must be reversed.

When defendant registered with his local board he claimed to be a conscientious objector exempt from both combatant and noncombatant service in the Armed Forces. Initially classified I-A, he was reclassified I-A-O; and when he appealed the latter urging that he be classified I-O, he was...

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