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UNITED STATES v. JACQUES

No. 71-1391.

463 F.2d 653 (1972)

UNITED STATES of America, Appellee, v. Norman J. JACQUES, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided July 7, 1972.

Attorney(s) appearing for the Case

John G. S. Flym, Cambridge, Mass., with whom Flym, Geller, Miller & Taylor was on the brief, for appellant.

Constance L. Messore, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on the brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Appellant was tried before a jury and convicted under 50 U.S.C. App. § 462(a) for refusal to submit to induction into the armed forces. He raises a number of issues on appeal. Our resolution of two of these issues requires that the conviction be reversed and the case remanded to the district court for further proceedings.

Appellant registered with his local board in Pawtucket, Rhode Island, in 1961 and was classified I-A (available...

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