United States of America, Plaintiff-appellee, v. Richard R. Harshman, Defendant-appellant, 307 F.2d 590 (7th Cir. 1962)

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US Court of Appeals for the Seventh Circuit - 307 F.2d 590 (7th Cir. 1962) August 20, 1962
Rehearing Denied September 14, 1962

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division; Julius J. Hoffman, Judge.

Francis Heisler, Mark L. Schwartzman, Chicago, Ill., for appellant.

James P. O'Brien, U. S. Atty., John Powers Crowley, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, William O. Bittman, Asst. U. S. Attys., of counsel, for appellee.

Before SCHNACKENBERG, KNOCH, and KILEY, Circuit Judges.

KILEY, Circuit Judge.


This is an appeal from a judgment upon a verdict of a jury, convicting defendant of violation of § 12 of the Universal Military Training and Service Act1  by refusal to submit to induction into military service. He was sentenced to the custody of the Attorney General for two and one-half years, and was fined $1,500.00.

A companion appeal, United States v. Parker, No. 13585, 307 F.2d 585, is being filed simultaneously herewith.

Harshman, like Parker, was classified as 1-A-O because of his beliefs founded on the Harshmanite2  religion.

The briefs, appendices, and records in the Parker and Harshman appeals are substantially identical. The claims of error at the trial, the contentions on appeal, the cases in support of the contentions, and the arguments are virtually the same in both appeals. The indictments, except for names of the defendants, are identical.

For these reasons, our decision in United States v. Parker controls our decision here.

For the reasons given in United States v. Parker, No. 13585, the judgment in this cause is affirmed.

 1

50 U.S.C.A. Appendix § 462

 2

The Church of Jesus Christ, Sullivan, Illinois