UNITED STATES v. TIMMINS

No. 72-1351.

464 F.2d 385 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Harry La Verne TIMMINS, II, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 7, 1972.


Attorney(s) appearing for the Case

Francis Heisler (argued), of Heisler & Stewart, Carmel, Cal., for defendant-appellant.

Robert E. Carey, Jr., Asst. U. S. Atty. (argued), John Link, Chester G. Moore, III, Asst. U. S. Attys., James L. Browning, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and BROWNING, Circuit Judges, and FERGUSON, District Judge.


FERGUSON, District Judge:

Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces. We reverse.

On August 11, 1969, appellant registered with his local board and thereafter returned his completed Classification Questionnaire, Form 100, wherein he signed Series VIII claiming to be a conscientious objector. On October 24, 1969, Form 150, Special Form for Conscientious Objector, was mailed to him. He wrote the board on November...

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