UNITED STATES v. KELLY

No. 72-1767.

473 F.2d 1225 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Donald KELLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 31, 1973.


Attorney(s) appearing for the Case

Ralph Johansen (argued), Berkeley, Cal., for defendant-appellant.

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

Before HUFSTEDLER and CHOY, Circuit Judges, and SMITH, District Judge.


PER CURIAM:

Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U. S.C. App. § 462(a). We reverse because the local board clerk's failure to transmit to the local board members information in support of appellant's high school deferment was prejudicial error amounting to a denial of procedural due process.

The facts are uncontroverted by either party. Appellant registered with Local Board...

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