United States v. Langdon Smith Foster

TUTTLE, Circuit Judge:

Appellant was convicted of violating the Universal Military Training and Service Act for refusing to submit to induction. Because we feel that a prima facie ease for a III-A hardship deferment had been made out, the draft board’s failure to reopen requires that we reverse the judgment of the trial court.

The pertinent facts reveal that appellant was scheduled to report for induction on October 15, 1968. Due to the fact that his mother was about to undergo a serious eye operation, would be unable to work and would require extensive post-operative care, appellant was…