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UNITED STATES v. DAVIS

No. 72-1827.

484 F.2d 937 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Gregg Marshal DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 15, 1973.

Attorney(s) appearing for the Case

Steven M. Kipperman (argued), of Kipperman, Shawn & Keker, San Francisco, Cal., for defendant-appellant.

Joseph Reeves, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., Frederic F. Tilton, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before LUMBARD, HAMLEY and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

Davis appeals from his conviction for refusing to submit to induction in violation of 50 App.U.S.C. § 462(a). We affirm.

On November 19, 1968, his local board classified Davis 1-A. In December, he returned an executed Selective Service Form 127 (Current Information Questionnaire) indicating that he had a split right femur and that a doctor's letter would follow. On December 9, 1968, the...

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