UNITED STATES v. BITTINGER

No. 14620.

434 F.2d 49 (1970)

UNITED STATES of America, Appellee, v. Barry Wayne BITTINGER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1970.


Attorney(s) appearing for the Case

Ronald B. Zedd, Norfolk, Va. (Court-appointed) for appellant.

James A. Oast, Jr., Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief) for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


PER CURIAM:

Defendant, a Jehovah's Witness, who claims to be entitled to a ministerial exemption from selective service, was convicted of failing to report for civilian work. He appeals. Because we conclude that his local board erroneously and unlawfully refused to reopen his classification to consider his claim of ministerial exemption, we reverse.

When still a student in high school, defendant registered under selective service and claimed that he was a...

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