UNITED STATES v. SMITH

No. 24161.

423 F.2d 559 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Sutton SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 29, 1970.


Attorney(s) appearing for the Case

G. Bernard Fedde (argued), Portland, Or., for defendant-appellant.

Sidney I. Lezak (argued), U. S. Atty., Tommy Hawk, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY, WRIGHT and TRASK, Circuit Judges.


DUNIWAY, Circuit Judge.

Smith was convicted of violating 50 U.S.C.App. § 462 in that he refused induction into the Armed Forces of the United States. We affirm. He raises three separate issues on this appeal. We consider each separately.

1. Was the induction order issued on September 6, 1967 valid?

Smith was classified 1-A. He argues that his induction notice was invalid because it was signed by the clerk of his local board, and because...

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