UNITED STATES v. NUNNALLY

No. 17671.

448 F.2d 788 (1971)

UNITED STATES of America v. Arthur NUNNALLY, Appellant.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1971.

Decided September 30, 1971.


Attorney(s) appearing for the Case

Frank Askin, Newark, N. J., for appellant.

Theodore Margolis, Garrett E. Brown, Jr., Asst. U. S. Attys., Newark, N. J., for appellee.

Reargued Before HASTIE, Chief Judge and STALEY, SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This is an appeal by a Selective Service registrant from a criminal conviction predicated upon his refusal to obey an order for induction into the armed forces. For different reasons, the several judges of this court have voted to reverse this conviction and order the discharge of the accused.

The judgment will be reversed.

STALEY, Circuit Judge, dissents and would affirm the judgment of the district...

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