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UNITED STATES v. PERSINGER

No. 72-1907.

473 F.2d 385 (1972)

UNITED STATES of America, Appellee, v. Philip Owen PERSINGER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1972.

Attorney(s) appearing for the Case

Naomi W. Cohen, Charleston, W. Va. (Court-appointed counsel) (Harvey M. Cohen, Huntington, W. Va., on brief), for appellant.

Wayne A. Rich, Jr., Asst. U. S. Atty. (John A. Field, III, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and WIDENER, Circuit Judges.

CRAVEN, Circuit Judge:

Conscientious objector Persinger appeals from his conviction and sentencing for refusal to report for induction into the military in violation of the compulsory Military Selective Service Act, 50 U.S.C. App. § 462(a). We affirm, but remand to the district court to vacate his conviction if Persinger should now wish to be inducted into the Armed Forces.

Persinger filed with his local draft board Form 150 in which he claimed the status...

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