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UNITED STATES v. TYSON

No. 74-1226.

503 F.2d 1368 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Lynn TYSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1974.

Attorney(s) appearing for the Case

M. C. Mykel, Atlanta, Ga. (Court appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., Gale McKenzie, Anthony M. Arnold, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD and MORGAN, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

Pursuant to an induction notice, Michael L. Tyson reported for induction on June 17, 1971. Tyson was referred to a civilian psychiatrist, Dr. Charles Beall, whose report stated in part: "He is correctly oriented. No hallucinations or delusions can be elicited. Memory, insight and judgment are good." Dr. Beall concluded that Tyson was "Qualified." Tyson was then ordered to submit to induction on June 22, 1971, but he refused. He was indicted and arrested...

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