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UNITED STATES v. JOHNSON

No. 71-2144.

457 F.2d 942 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert King JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 29, 1972.

Attorney(s) appearing for the Case

Martha Goldin (argued), of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

David P. Curnow, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, DUNIWAY and KILKENNY, Circuit Judges.

PER CURIAM:

Johnson appeals from his conviction of refusing to be inducted into the Armed Forces, 50 U.S.C.App. § 462(a).

On November 25, 1969, the local board issued an order to Johnson to report for induction on December 9, 1969. He did not report. On December 9, the board received from Johnson a Current Information Questionnaire (form SSS 127) that had been sent to him on October 23, 1968, together with a note stating that "the reason I was not at...

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