UNITED STATES v. BLAYLOCK

No. 15362.

448 F.2d 1307 (1971)

UNITED STATES of America, Appellee, v. Richard Newton BLAYLOCK, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1971.


Attorney(s) appearing for the Case

Robert G. Cabell, Jr., Richmond, Va. (White, Cabell & Paris, Richmond, Va., on brief), for appellant.

Justin W. Williams, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

After waiving his right to a jury, Richard Newton Blaylock, Jr., was convicted by the Court of wilfully refusing to submit to induction into the Armed Forces, in violation of 50 U.S.C. 462, and was sentenced to a term of four years and six months. Blaylock appeals from the conviction on the ground that there was a de facto reopening of his case by the local Board which entitled him to an administrative appeal from his classification...

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