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UNITED STATES v. SCHMALL

No. 71-1807.

452 F.2d 468 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Alan SCHMALL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 11, 1972.

Attorney(s) appearing for the Case

Phillip B. Ziegler (argued), Berkeley, Cal., for defendant-appellant.

John F. Cooney, Jr. (argued), James Bruen, Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before WEICK, BROWNING, and WRIGHT, Circuit Judges.

PER CURIAM:

Appellant was convicted of refusing induction in violation of 50 U.S.C. App. § 462. He seeks reversal on two grounds.

1. The regulations provide that "A local board of three or more members shall be appointed . . . ." 32 C.F.R. § 1604.52(a). It is stipulated that only two of the normal complement of three members had been appointed to appellant's local board when his claim for student deferment was rejected and he was classified I-A....

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