UNITED STATES v. DAY

No. 26816.

442 F.2d 1034 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Orman Philip DAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 10, 1971.


Attorney(s) appearing for the Case

Max A. Keller, and June Arden, Beverly Hills, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Larry S. Flax, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.


PER CURIAM:

The appellant was found guilty of refusing induction into the armed services in violation of 50 U.S.C.A. App. § 462. On appeal he asserts that the district court erred in refusing to hear his testimony concerning his reasons for refusing induction, and that the local board gave erroneous reasons for denying his claim for a selective conscientious objector classification.

In a prosecution for refusal to submit to induction the government need...

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