United States v. John Robert Rink

KILEY, Circuit Judge.

Defendant Rink was convicted by the district court, without a jury, of willfully refusing to submit to induction into the armed forces. 50 U.S.C. App. § 462. He appeals. We reverse.

Rink registered for the draft February 16, 1965, and was classified I-A on March 23, 1965. For our purposes now, it is needless to relate the history of Rink’s course before his local and appeal boards between the date of his registration and the final induction order in April, 1968, under which he refused to submit. The significant event in that history is his application for 1-0…