UNITED STATES v. BURNETT

No. 72-2591.

476 F.2d 726 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ray BURNETT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1973.


Attorney(s) appearing for the Case

John N. Barnhart, Houston, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before ALDRICH, SIMPSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Ray Burnett appeals from his conviction for willful failure to report for and submit to induction into the Armed Forces of the United States, a violation of 50 App. U.S.C. § 462(a). We reverse and remand for a new trial.

Burnett asserts that the local Selective Service Board deviated from the regulations establishing the Order of Call for inductees, that he would not have been called had the Board complied with the regulations, and...

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