UNITED STATES v. RUTHERFORD

No. 20137.

437 F.2d 182 (1971)

UNITED STATES of America, Appellee, v. Jerry Charles RUTHERFORD, Appellant.

United States Court of Appeals, Eighth Circuit.

February 3, 1971.


Attorney(s) appearing for the Case

Harry B. Reese, Kansas City, Kan., for appellant.

Richard J. Barry, Asst. U. S. Atty., S. D. Iowa, Allen J. Donielson, U. S. Atty., S. D. Iowa, for appellee.

Before VAN OOSTERHOUT and BRIGHT, Circuit Judges, and NEVILLE, District Judge.


NEVILLE, District Judge.

Defendant was indicted under 50 App. U.S.C. § 462(a) for failure to report for and submit to induction into the Armed Services of the United States. A jury returned a guilty verdict and his subsequent motion for judgment of acquittal was denied. We reverse the conviction on the grounds that there was and is no basis in fact disclosed in defendant's Selective Service file to warrant a denial of his prima facie showing of entitlement to...

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