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UNITED STATES v. JOHNSON

No. 30656.

476 F.2d 1251 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Edward JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1973.

Attorney(s) appearing for the Case

Fred L. Banks, Jr., Jackson, Miss., Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., for defendant-appellant.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Daniel E. Lynn, Joseph E. Brown, Jr., Asst. U. S. Attys., Jackson, Miss., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The only thing unusual about this direct criminal appeal from conviction for failing to obey a lawful order of a Selective Service Board (a violation of 50 U.S.C.A. App. § 462), is that the Defendant here overcame the well-established presumption of regularity and validity normally attaching to official acts of Selective Service Boards1 and created a jury issue where usually there is none—and in...

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