UNITED STATES v. WILSON

No. 72-2199.

478 F.2d 475 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Alan WILSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 30, 1973.


Attorney(s) appearing for the Case

Martha Goldin, Atty. (argued), Alan Saltzman, Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Dale H. Thayer, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and CHOY, Circuit Judges, and ENRIGHT, District Judge.


CHOY, Circuit Judge:

Douglas Alan Wilson was convicted after a nonjury trial of refusal to submit to induction into the armed forces in violation of 50 U.S.C. App. § 462(a). He was sentenced to three years in the custody of the Attorney General. Wilson raises a number of challenges to his conviction, but we find only one of merit. We reverse.

FACTS

Wilson registered for the draft in 1968 and was classified I-A on January 6, 1970. That same month...

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