United States v. Craig A. Capson

HILL, Circuit Judge.

Appellee, a Jehovah’s Witness, was indicted for refusing to be inducted into the Armed Forces in violation of 50 App. U.S.C. § 462. He moved to dismiss the indictment upon two grounds: (1) That he was denied the assistance of counsel, as guaranteed by the VI Amendment, for the purpose of appealing his Selective Service Classification from his local draft board to the appeal board; and (2) that the notice of his right to appeal the classification which was given to him by his local board was inadequate and in violation of the statutes and regulations and contrary to the Y…