UNITED STATES v. KIRCHER

No. 71-1302.

443 F.2d 46 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David Thomas KIRCHER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 14, 1971.


Attorney(s) appearing for the Case

Carl B. Shapiro (argued), San Anselmo, Cal., for defendant-appellant.

Jeny Cimmit (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., F. Steele Langford, Chief, Crim. Div., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and SMITH, District Judge.


PER CURIAM:

Kircher, convicted of refusing to submit to induction [50 App. U.S.C. § 462] contends on this appeal that the judgment of conviction should be reversed because he was denied due process.

The fact is that, although Kircher had been furnished the form to claim a classification as a conscientious objector, and was advised that the local board would answer questions relative to it and that an appeal agent would give him advice on selective service...

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