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UNITED STATES v. COLEMAN

No. 72-1232.

478 F.2d 1371 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford Paul COLEMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 7, 1973.

Attorney(s) appearing for the Case

Robert Rothman, San Francisco, Cal., for defendant-appellant.

John Cooney, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and WILLIAMS, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Appellant was convicted in a trial without a jury and sentenced for refusal to submit to induction into the armed forces in violation of 50 U.S.C.App. § 462. We reverse. We state the facts appearing in Coleman's selective service file to the extent that they are pertinent to our decision.

In Coleman's classification questionnaire, which he filed with the Board on January 10, 1968, he answered question 2, in Series...

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