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UNITED STATES v. BROYLES

No. 13154.

423 F.2d 1299 (1970)

UNITED STATES of America, Appellee, v. John Douglas BROYLES, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1970.

Attorney(s) appearing for the Case

Barry T. Winston, Chapel Hill, N. C., for appellant.

W. Arnold Smith, Asst. U. S. Atty. (Warren H. Coolidge, U. S. Atty., on the brief), for appellee.

Daniel H. Pollitt, Chapel Hill, N. C. (Charles E. Lambeth, Jr., Thomasville, N. C., James Mattocks, High Point, N. C., and Norman B. Smith, Greensboro, N. C., on the brief), for North Carolina Civil Liberties Union as amicus curiae.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

Persisting in the claim, rejected by his local board, that he is a conscientious objector, John Douglas Broyles refused to submit to induction into the armed forces. He was indicted, tried and convicted for violating 50 U.S.C.A. App. § 462(c) and committed under the Federal Youth Corrections Act. He appeals, and we reverse.

I

Broyles, the twenty-five year old son of a retired Army officer, first registered under the Selective...

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