Gee v. Smith

BELL, Circuit Judge:

The appeal in No. 31005 is from the conviction of appellant under the Military Selective Service Act of 1967, 50 U.S.C.A. Appendix, for failing to report for induction.

Appellant’s first induction date was July 24, 1969, but as will be seen he received two postponements. Upon being denied a further postponement, he filed a civil suit to enjoin his induction on the grounds that he had been erroneously classified as 1-A when he should have received either a III-A deferment or a I-S(C) deferment. He also contended that his induction order was invalid because Negroes were…