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UNITED STATES v. MANNING

No. 73-1272 Summary Calendar.

478 F.2d 1380 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Virgil Ross MANNING, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 22, 1973.

Attorney(s) appearing for the Case

Gardner Beckett, Jr., St. Petersburg, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Ronald H. Watson, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

Virgil Ross Manning, a member of the Jehovah's Witness religion and a conscientious objector, was indicted and convicted for failing to perform civilian work as ordered by his local draft board. On appeal he asserts that § 456(j) of the Military Selective Service Act of 1967, 50 U.S.C.App. is unconstitutional in that Congress is exercising a power to conscript a civilian rather than a military work force when it orders a conscientious objector to...

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