UNITED STATES v. EVANS

No. 24451.

425 F.2d 302 (1970)

UNITED STATES of America, Appellee, v. Stephen R. EVANS, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 5, 1970.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for appellant.

Darrell W. MacIntyre (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before ELY and CARTER, Circuit Judges, and JAMESON, Senior District Judge.


JAMES M. CARTER, Circuit Judge:

Evans was indicted for violation of the Universal Military Training and Service Act, 50 App. U.S.C. § 462, for his refusal to be inducted. He waived jury, was convicted and appeals. We affirm.

Evans' opening brief raised two basic contentions:

(1) The order to report for induction was invalid; but if on the other hand, the order was valid, he had no continuing duty to report.

(2) Evans' constitutional rights...

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