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UNITED STATES v. D'ARCEY

No. 71-2311.

471 F.2d 880 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Christopher D'ARCEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 29, 1972.

Attorney(s) appearing for the Case

Jerry E. Berg, Palo Alto, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., F. Steele Langford, John F. Cooney, Jr., Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, KILKENNY, TRASK, CHOY, GOODWIN and WALLACE, Circuit Judges.

HUFSTEDLER, Circuit Judge:

D'Arcey appeals from his conviction for refusing to submit to induction, 50 U.S.C. App. § 462.

D'Arcey registered with the Selective Service System on March 18, 1967. On July 18, 1967, at the Armed Forces Entrance and Examination Station ("AFEES"), he was examined and found physically unacceptable for voluntary enlistment in the Marine Corps. The record of this examination indicated that a question was raised concerning a claimed...

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