Legal Opinion · Dissent

United States v. Jerry Paul Pritchard

Court of Appeals for the Fourth Circuit

Decided June 23, 1969No. 12974Published

1DissentWinter, Circuit Judge

In our limited review of determining whether there is a basis in fact for a local board’s classification, I do not think that we should overlook and not correct possible manifest injustices. In this case the appeal board assigned no reason for its action, other than the overall con-clusory one that defendant was not entitled to be classified as a conscientious objector. The record as I read it shows that the board may have acted on concededly erroneous, and to my mind highly prejudicial, data- — -not simply that which was disputed but essentially correct. I would, therefore, overturn the…

2Cases cited7 opinions

  1. United States v. SeegerSupreme Court of the United States · 1965
  2. Sicurella v. United StatesSupreme Court of the United States · 1955
  3. United States v. David Arthur GeareyCourt of Appeals for the Second Circuit · 1966
  4. United States v. Jeffrey Hale PurvisCourt of Appeals for the Second Circuit · 1968
  5. Gonzales v. United StatesSupreme Court of the United States · 1960

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