UNITED STATES v. McKINLEY

No. 71-1695.

447 F.2d 962 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Claude McKINLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 23, 1971.


Attorney(s) appearing for the Case

Jerry E. Berg, of Collins, Hays, Stewart, Sanford, Berg & Pott, Inc., San Jose, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., F. Steele Langford, Chief, Crim. Div., John F. Cooney, Jr., Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY, HAMLIN and KILKENNY, Circuit Judges.


HAMLIN, Circuit Judge.

Appellant McKinley was convicted of refusing to submit for induction into the armed services in violation of 50 U.S.C. App. § 462. Appellant appeals in forma pauperis, and we affirm.

The facts surrounding appellant's refusal are uncontroverted: On December 16, 1968, appellant was classifed 1-A by his local board. At a subsequent pre-induction physical, he was found acceptable. On November...

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