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UNITED STATES v. KILBY

No. 28781 Summary Calendar.

446 F.2d 1002 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Everett KILBY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 17, 1971.

Attorney(s) appearing for the Case

William C. O'Kelley, Atlanta, Ga., Benjamin Landey, O'Kelley, Hopkins & Van Gerpen, Atlanta, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Robert E. Whitley, Julian M. Longley, Jr., Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

Barry Everett Kilby was convicted of failing to submit to induction into the armed forces of the United States, in violation of 50 U.S.C. App. § 462, and appeals.

Six days after having received his notice to report for induction, appellant, allegedly a member of the Jehovah Witnesses sect, claimed for the first time a conscientious objector exemption. The local board declined to reopen...

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