Legal Opinion

United States v. Kasper Alexander El

Court of Appeals for the Third Circuit

Decided June 16, 1971No. 17690_1PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Appellant was convicted of refusing induction into the Armed Services. He had reported as ordered to the induction center but refused induction, stating for the first time that he was conscientiously opposed to war.

Having never presented a claim for exemption based on conscientious opposition to war to his local board and having raised the matter for the first time at the induction center, appellant is foreclosed from raising any defense of erroneous classification at his criminal trial. Ehlert v. United States, 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625 (1971); McGee v.…

3Cases cited2 opinions

  1. McGee v. United StatesSupreme Court of the United States · 1971
  2. Ehlert v. United StatesSupreme Court of the United States · 1971

4Cited by8 opinions

  1. United States v. Richard Jackson Powell, Jr.Court of Appeals for the Third Circuit · 1971
  2. United States v. KlineDistrict Court, M.D. Pennsylvania · 1972
  3. United States v. Anthony Lewis JasperCourt of Appeals for the Third Circuit · 1972
  4. United States v. DonaldsonDistrict Court, E.D. Pennsylvania · 1972
  5. United States v. TownsendDistrict Court, E.D. Pennsylvania · 1971

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