UNITED STATES v. SUPINA

No. 24718.

428 F.2d 1226 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Dale SUPINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 22, 1970.


Attorney(s) appearing for the Case

W. Edward Morgan, (argued) Tucson, Ariz., for defendant-appellant.

Joe Jencks, (argued) Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., for plaintiff-appellee.

Before MERRILL and KOELSCH, Circuit Judges, and WILKINS, District Judge.


PER CURIAM:

The judgment of conviction against Philip Dale Supina for refusing to submit to induction (50 U.S.C.App. § 462) is reversed.

The record discloses that this is another one of those cases in which the registrant was processed for induction as a "delinquent" by his Local Board after he failed to report for his physical examination. United States v. Stow, 427 F.2d 891 (9th Cir. filed May 27, 1970); see United...

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