UNITED STATES v. PENNER

No. 61-69.

420 F.2d 344 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Allen PENNER, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 6, 1970.


Attorney(s) appearing for the Case

John C. Moran, Oklahoma City, Okl. (Riley Brock, Oklahoma City, Okl., and Frank Hensley, Guymon, Okl., of counsel, with him on the brief), for appellant.

Givens L. Adams, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant was indicted and convicted of unlawfully failing to submit to induction into the Armed Forces of the United States in violation of 50 U.S.C. App. § 462. Trial was had to the judge without a jury.

Appellant has taken this appeal asserting that his initial local board classification had no basis in fact and was arbitrarily made by reason of the board's policy of classifying Mennonites as I-A-O without consideration being...

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