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UNITED STATES v. STEVENS

No. 25998.

438 F.2d 628 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. John W. S. STEVENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 11, 1971.

Attorney(s) appearing for the Case

Alan Saltzman, (argued), of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Elgin Edwards, (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., George G. Rayborn, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before TUTTLE, ELY and KILKENNY, Circuit Judges.

TUTTLE, Circuit Judge:

Stevens was convicted of violating the Selective Service Act of 1967, 50 U.S.C. App. § 462(a). The pertinent facts are not in dispute.

Appellant was ordered to report for induction on November 7, 1967. Though he reported as ordered, he refused to answer the questions relating to membership in various organizations. He wrote that his refusal was based upon the First and Fifth Amendments. He also answered "yes" to the question whether...

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