United States v. Clifford Paul Coleman

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 XI, which asked whether he had any physical condition which in his opinion would disqualify him, by stating: “Migraine headaches.” He also sent the…