United States v. Robert Joseph Freeston

HASTINGS, Senior Circuit Judge.

Defendant Robert Joseph Freeston was found guilty, following a trial by jury, of neglect, failure and refusal to submit to induction into the armed forces in viola tion of 50 U.S.C.A. App. § 462. 1 Defendant appeals from the judgment of conviction and sentence. We reverse.

Our disposition of this appeal requires a full statement of defendant’s Selective Service history. Defendant first registered with the Selective Service System on October 27, 1961, at Local Board 8 in Yonkers, New York. On August 14, 1962, he was classified II-S (student determent). That…