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UNITED STATES v. KOHLS

No. 25527.

441 F.2d 1076 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Albert KOHLS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1971.

Attorney(s) appearing for the Case

David M. Rothman (argued), Los Angeles, Cal., for appellant.

Michael J. Lightfoot (argued), Asst. U. S. Atty., David R. Nissen, Chief, Crim. Div., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL, DUNIWAY and ELY, Circuit Judges.

DUNIWAY, Circuit Judge:

Kohls was convicted of failure to submit to an armed forces physical examination as ordered and refusal to be inducted into the armed forces, both violations of 50 U.S.C. App. § 462(a). We affirm the conviction on the first charge and reverse it on the second.

In August, 1966, Kohls' draft board classified him II-S, until June, 1967. Kohls appealed, stating that he could not conscientiously...

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