United States v. Robinson Joyce, Jr.

CUMMINGS, Circuit Judge.

This is an appeal from a conviction for refusal to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. After a bench trial, the court held that the defendant did not qualify for classification as a conscientious objector, and therefore found him guilty and imposed a three-year sentence. We reverse.

Defendant is a 24-year-old Negro who was classified I-A on November 17, 1965, after terminating his schooling. A month thereafter, he was ordered to report for á physical examination on January 4, 1966. A week beforehand, he requested conscientious…