UNITED STATES v. YOHA

No. 26855.

445 F.2d 816 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard O. YOHA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 7, 1971.


Attorney(s) appearing for the Case

Paul C. Maier, (argued), of Herzstein, Maier, Friedman & Lippett, San Francisco, Cal., for appellant.

Jerry Cimmet, Asst. U. S. Atty. (argued), James L. Browning, U. S. Atty., Paul J. Fitzpatrick, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL, BROWNING and WRIGHT, Circuit Judges.


PER CURIAM:

Appellant stands convicted of failure to submit to induction into the armed forces in violation of 50 U.S.C.App. § 462.

Although he twice requested a form 150 for application for conscientious objector status, appellant never completed or returned the form. The question presented on appeal is whether, under the circumstances of this case, this failure to present his claim to the Selective Service Board precludes his challenging his classification...

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