# United States v. Bobby Gene Perdue

> Court of Appeals for the Fourth Circuit · May 11, 1970 · 425 F.2d 1092

URL: https://www.frixlaw.com/law-library/cases/9455604

## Case

- **Full name:** UNITED STATES of America, Appellee, v. Bobby Gene PERDUE, Appellant
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 11, 1970
- **Citations:** 425 F.2d 1092; 1970 U.S. App. LEXIS 9305
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Boreman, Winter, Craven
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9455604

## Opinion text

*1093 PER CURIAM:
Defendant’s conviction for failing to submit to induction into the Armed Forces of the United States must be reversed.
When defendant registered with his local board he claimed to be a conscientious objector exempt from both combatant and noncombatant service in the Armed Forces. Initially classified I-A, he was reclassified I-A-0; and when he appealed the latter urging that he be classified I-O, he was returned to a I-A classification without explanation of the reason for the action. Our examination of the data defendant submitted in support of his claim satisfies us that defendant presented a prima facie case for classification in I-O.
Because of the local board’s failure to disclose the basis for its action, defendant’s conviction for failure to report pursuant to the classification of I-A cannot stand. United States v. Broyles, 423 F.2d 1299 (4 Cir. 1970); United States v. James, 417 F.2d 826 (4 Cir. 1969). In view of our conclusion that defendant is entitled to a judgment of acquittal, we need not consider his other assignments of error.
Reversed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455604. Public record. Not legal advice.