Wendell Asbury Bruce, Jr. v. United States

Wendell Asbury Bruce, Jr., is appealing from his conviction, 322 F. Supp. 363, for refusing to report for physical examination and induction in violation of the Military Selective Service Act of 1967, 50 U.S.C. Appendix, Section 462. After a review of the record and upon consideration of appellee’s motion for summary affirmance and appellant’s motion for summary reversal, we conclude that oral argument is unnecessary and deny both motions. We think the case should be remanded to the District Court for a full evidentiary hearing to determine whether Bruce’s order to report for induction was…