UNITED STATES v. WARD

No. 26667.

445 F.2d 1398 (1971)

UNITED STATES of America, Appellee, v. Gregory John WARD, Appellant.

United States Court of Appeals, Ninth Circuit.

August 18, 1971.


Attorney(s) appearing for the Case

Frank H. Retman (argued), of MacDonald, Hoague & Bayless, Seattle, Wash., for appellant.

Susan L. Barnes (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before JERTBERG, ELY, and KILKENNY, Circuit Judges.


PER CURIAM:

Ward appeals his conviction for failing to submit to induction into the Armed Forces, in violation of 50 U.S.C. App. § 462. We reverse.

In its brief the Government admits that Ward's SSS Form 150 stated a prima facie claim for a conscientious objection (I-O) classification and that the State Selective Service Director ordered the local board to reopen Ward's classification. See 32 C.F.R. § 1625.3. There was never a reopening, and...

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