UNITED STATES v. BAGLEY

No. 28664.

436 F.2d 55 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ray Austin BAGLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 29, 1970.


Attorney(s) appearing for the Case

Samuel S. Jacobson, Datz & Jacobson, Jacksonville, Fla. for appellant.

John L. Briggs, U. S. Atty., Allan P. Clark, Joseph W. Hatchett, Asst. U. S. Attys., Jacksonville, Fla., for appellee.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

This post induction Selective Service case presents, once again, the question of whether a draft board's failure to follow its own regulations constitutes reversible error. Because this court has long adhered to the proposition that "it is of the essence of the validity of board orders and of the crime of disobeying them that all procedural requirements be strictly and faithfully followed, and that a showing of failure to follow them with such...

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