UNITED STATES v. JONES

No. 18369.

447 F.2d 589 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Marlyn Lee JONES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

July 21, 1971.


Attorney(s) appearing for the Case

Ronald P. Alwin, Terence MacCarthy, Director, Joseph Beeler, Federal Defender Program, Inc., Chicago, Ill., for defendant-appellant.

William J. Bauer, U. S. Atty., Richard F. Sprague, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before HASTINGS, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Marlyn Lee Jones appeals his conviction by the district court, sitting without a jury, for failure to submit to induction into the armed forces, 50 U.S.C. App. § 462.

Jones, who had been classified I-A since January, 1967, was ordered on April 16, 1968, to report for induction. On May 1, 1968, he appeared at the induction station, but refused to submit to induction. He presented a short written statement to the officials:

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