United States v. David Arthur Gearey

IRVING R. KAUFMAN, Circuit Judge.

We previously vacated the conviction of David Arthur Gearey for refusing to submit for induction into the armed forces, in violation of 50 U.S.C. App. § 462(a), and remanded the case to the District Court for a hearing on areas that were in need of elucidation. 368 F.2d 144 (1966). Judge Murphy, who had been the trial judge, conducted the hearing. Thereafter, he reinstated Gearey’s conviction and sentence of 2 years’ imprisonment. Appellant asks us, once more, to set aside his conviction, claiming, inter alia, that the District Court failed at the hearing to…