Robert James Lingo v. United States

JERTBERG, Circuit Judge:

Following trial to a jury, appellant was convicted of the offense of violating 50 U.S.C. Appendix Section 462 [refusal to be inducted into the Armed Forces]. He was sentenced to the custody of the Attorney General for a period of three years.

On this appeal, appellant specifies as errors:

1. There is no basis in fact for the 1-A classification given to appellant, and therefore the order to report for induction on March 10, 1966, was void and may not serve as a basis for his conviction.

2. The final 1-A classification is the result of the erroneous application of the…