UNITED STATES v. McKINNEY

No. 19649.

427 F.2d 449 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Philip William McKINNEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 15, 1970.


Attorney(s) appearing for the Case

Bertrand B. Pogrebin, Mineola, N. Y., Kimble, Schapiro, Stevens, Harcha & Young, Portsmouth, Ohio, on the brief; Jack D. Young, Portsmouth, Ohio, Rains, Pogrebin & Scher, Mineola, N. Y., of counsel, for appellant.

James F. Cook, Asst. U. S. Atty., Lexington, Ky., Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and WEICK and EDWARDS, Circuit Judges.


WEICK, Circuit Judge.

Appellant, Philip William McKinney, was convicted by the District Judge, sitting without a jury, for knowingly refusing to submit to induction into the Armed Forces, and was sentenced to five years' imprisonment. 50 U.S.C. App. § 462(a). He appeals from the judgment of conviction. We affirm.

McKinney became 18 years of age on October 19, 1965, at which time he registered for the draft. He was then a first-year student at Ohio Wesleyan...

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