UNITED STATES v. SHERMEISTER

No. 17482.

425 F.2d 1362 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Gene James SHERMEISTER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 26, 1970.


Attorney(s) appearing for the Case

Harry F. Peck, Jr., Milwaukee, Wis., for appellant.

David J. Cannon, U. S. Atty., Richard E. Reilly, Asst. U. S. Atty., Milwaukee, Wis., for appellee.

Before MAJOR, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.


Rehearing En Banc Denied May 26, 1970.

KILEY, Circuit Judge.

The district court, without a jury, convicted defendant of willfully refusing to submit to induction into the armed forces in violation of the Universal Military Training and Service Act.1 He has appealed. We reverse.

Defendant was originally classified I-A by his local draft board in 1964. Thereafter, in October of 1964, he was granted a II-A occupational deferment...

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