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UNITED STATES v. KOLSTER

No. 25367.

430 F.2d 1316 (1970)

UNITED STATES of America, Plaintiff, Appellee, v. Daniel Henry KOLSTER, Jr., Defendant, Appellant.

United States Court of Appeals, Ninth Circuit.

August 17, 1970.

Attorney(s) appearing for the Case

Carol Hughes (argued), Manzella & Flenniken, San Francisco, Cal., for defendant, appellant.

Jerry Cimmett (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., F. Steele Langford, and Jerrold M. Ladar, Asst. U. S. Attys., for plaintiff, appellee.

Before JERTBERG, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

Kolster refused to be inducted into the armed forces, an offense under 50 U.S.C. App. § 462. He had applied to his local Selective Service Board for classification as a conscientious objector, but his application was rejected both by the Local Board and by the Appeal Board. Neither board stated any reasons for its action.

In his SSS form 150 and in letters, Kolster made out a prima facie case for classification as a conscientious objector...

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