United States v. Norman J. Jacques

McENTEE, Circuit Judge.

Appellant was tried before a jury and convicted under 50 U.S.C.App. § 462(a) for refusal to submit to induction into the armed forces. He raises a number of issues on appeal. Our resolution of two of these issues requires that the conviction be reversed and the case remanded to the district court for further proceedings.

Appellant registered with his local board in Pawtucket, Rhode Island, in 1961 and was classified I-A (available for military service). He held a II-S (student) deferment briefly in 1964, and after being reclassified I-A in that year was ordered to report…