United States ex rel. Deans v. Clifford

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is taken from a District Court order denying relator’s petition for a writ of habeas corpus. He has been in the custody of the United States Army since his induction on July 16, 1968.

Most of the facts of this case were stipulated prior to argument before this court, and the stipulation was approved pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure. After conviction on September 23, 1966, for failing to submit to induction into the Army, under the Selective Service Act *31of 1948, Title 1, § 12, as amended, 50 U. S.C. App.…