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UNITED STATES v. PERDUE

No. 72-2341.

469 F.2d 1195 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Haynes PERDUE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 24, 1972.

Attorney(s) appearing for the Case

Elizabeth E. Cobey (argued), John E. Thorne, of Thorne, Clopton, Herz & Stanek, Inc., San Jose, Cal., for defendant-appellant.

Chester Garfield Moore, III, Asst. U. S. Atty. (argued), Robert E. Carey, Jr., F. Steele Langford, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHOY and GOODWIN, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Stephen Haynes Perdue appeals from his conviction in a nonjury trial of refusing to report for induction into the Armed Forces of the United States on March 24, 1970, in violation of 50 App. U.S.C. § 462(a).1 He contends that: (1) his local draft board (Local Board No. 60, San Jose, California) failed to consider his conscientious objector claim or issue the Special Form for Conscientious Objector (SSS Form...

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