Legal Opinion

United States v. John Carl Hulphers, Jr.

Court of Appeals for the Ninth Circuit

Decided December 29, 1969No. 24710_1PublishedCited by 16 opinions

1Per curiam

Defendant appeals his conviction of refusing to submit to induction into the armed forces. 50 U.S.C.App. § 462. We affirm.

Defendant contends that the conviction must be reversed because the local board, after classifying him I-A, did not meet and order him to report for induction. But as we pointed out in United States v. Baker, 416 F.2d 202, 204 (9th Cir. 1969), “an order of the Board contingent upon a later call is valid and * * * such an order may be implied from the action of a board in classifying a registrant I-A.” Accord, United States v. Rusk, 419 F.2d 133 (9th Cir. Nov. 28, 1969);…

2Cases cited7 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1929
  2. Richard Glenn Keene v. United StatesCourt of Appeals for the Tenth Circuit · 1959
  3. United States v. Dennis Adrian BakerCourt of Appeals for the Ninth Circuit · 1969
  4. Smith v. United StatesCourt of Appeals for the Fourth Circuit · 1946
  5. Joseph Robert Dugdale v. United StatesCourt of Appeals for the Ninth Circuit · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. Edward J. AhrensCourt of Appeals for the Eighth Circuit · 1976
  2. United States v. Frank Mangan and Kevin ManganCourt of Appeals for the Second Circuit · 1978
  3. United States v. Donald Charles JensonCourt of Appeals for the Ninth Circuit · 1971
  4. United States v. Roger Sutton SmithCourt of Appeals for the Ninth Circuit · 1970
  5. United States v. Asa John BergerCourt of Appeals for the Ninth Circuit · 1970

11 more not listed; retrieve them via the Exa API.

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