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UNITED STATES v. BARAY

No. 26094.

445 F.2d 949 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Manuel BARAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 13, 1971.

Attorney(s) appearing for the Case

Victor Sherman (argued), of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellant.

Brian J. O'Neill, Asst. U. S. Atty. (argued), Larry Flax, Asst. U. S. Atty., David R. Nissen, Chief, Crim. Div., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, HUFSTEDLER and TRASK, Circuit Judges.

BARNES, Circuit Judge:

Juan Manuel Baray appeals his conviction of failure to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462(a).

Baray, a Jehovah's Witness, registered with the Selective Service System on October 4, 1963. In September, 1964 he completed a classification questionnaire (SSS Form 100) in which he stated that he was a minister of the Jehovah's Witnesses and was a conscientious objector. He also indicated that...

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