UNITED STATES v. RUCKER

No. 20333.

435 F.2d 950 (1971)

UNITED STATES of America, Appellee, v. Arthur Henry RUCKER, Appellant.

United States Court of Appeals, Eighth Circuit.

January 13, 1971.


Attorney(s) appearing for the Case

John J. Donnelly, St. Louis, Mo., for appellant.

Daniel Bartlett, Jr., U. S. Atty., Peter T. Straub, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before GIBSON and BRIGHT, Circuit Judges, and McMANUS, District Judge.


GIBSON, Circuit Judge.

Defendant Arthur Henry Rucker was found guilty in a jury trial and upon a judgment of conviction being duly entered was sentenced to five years in prison for violation of 50 U.S.C. App. § 462 (failure to submit to induction into the Armed Forces of the United States). He filed a timely appeal.

Prior to February 1968, defendant had a II-S (student) deferment. On February 23, 1968, defendant was baptized into Jehovah's Witnesses....

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