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UNITED STATES v. DAVIS

No. 71-1581.

460 F.2d 792 (1972)

UNITED STATES of America, Appellee, v. Robert Dean DAVIS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 25, 1972.

Attorney(s) appearing for the Case

Robert P. Dwoskin, Richmond, Va., (Dubow & Dwoskin, Richmond, Va., on brief), for appellant.

James G. Welsh, Asst. U. S. Atty. (Leigh B. Hanes, Jr., U. S. Atty., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and RUSSELL and FIELD, Circuit Judges.

BOREMAN, Senior Circuit Judge:

Robert Dean Davis appeals his conviction by a jury of failing to report for and submit to induction into the armed forces. 50 U.S.C. App. § 462. We reverse.

In September of 1963, Davis entered William and Mary College in Williamsburg, Virginia, and was classified II-S (student deferment) by Local Board 29 (hereafter the board) in Berryville, Virginia. Davis held such II-S classification until June 1967 when he experienced...

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