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UNITED STATES v. RAMEY

No. 73-2525.

503 F.2d 705 (1974)

UNITED STATES of America, Appellee, v. Clyde Gene RAMEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1974.

Attorney(s) appearing for the Case

Clarence W. Carter, King, N. C. [Court-appointed counsel], for appellant.

N. Carlton Tilley, Jr., U. S. Atty., (Ronald V. Shearin, Asst. U. S. Atty., on brief), for appellee.

David Rosenberg, Cambridge, Mass., for amicus curiae Committee for Legal Research on the Draft in support of reversal of the conviction below, by leave of the court (William J. Taylor, Law School of Harvard University, Cambridge, Mass., on brief).

Before HAYNSWORTH, Chief Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Clyde Gene Ramey appeals his convictions in a non-jury trial on two counts of a three-count indictment charging (1) that he had failed to report for an Armed Forces Physical Examination, and (2) failed to keep his local board informed of his current mailing address.1 We conclude as to the former that Ramey either substantially complied with his duty to report for his physical or, if he did not, was excused by misinformation...

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