Opinion

United States v. Norman Arthur Newlon

  • 460 F.2d 1268
  • 1972 U.S. App. LEXIS 9878
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 27, 1972
Status
Published
On the bench
Merrill, Browning, Kilkenny
Cited by
3 cases
Authority
More cited than 63.1%

The opinion

PER CURIAM:

This appeal is taken from conviction of failure to report for induction into the Armed Forces of the United States, a violation of 50 U.S.C.App. § 462(a). Issues are raised respecting the manner in which appellant’s conscientious objection claim was handled by the local and appeal boards and appellant’s ability to secure judicial review of that matter. These we need not reach. In our judgment reversal is compelled by Fisher v. United States, 413 F.2d 1034 (9th Cir. 1969). See also Graves v. United States, 252 F.2d 878 (9th Cir. 1958).

Appellant was indicted for knowing failure to report “on or about March 11, 1968.” Because of his absence from his place of residence he did not receive his order to report on that date until a few days after the date. Under Fisher, supra, failure to report on the date ordered is not knowing in these circumstances.

Reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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