United States of America, Plaintiff-appellee, v. Philip Dale Supina, Defendant-appellant, 428 F.2d 1226 (9th Cir. 1970)Annotate this Case
W. Edward Morgan, (argued) Tucson, Ariz., for defendant-appellant.
Joe Jencks, (argued) Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., for plaintiff-appellee.
Before MERRILL and KOELSCH, Circuit Judges, and WILKINS,* District Judge.
The judgment of conviction against Philip Dale Supina for refusing to submit to induction (50 U.S.C.App. § 462) is reversed.
The record discloses that this is another one of those cases in which the registrant was processed for induction as a "delinquent" by his Local Board after he failed to report for his physical examination. United States v. Stow, 427 F.2d 891 (9th Cir. filed May 27, 1970); see United States v. Broyles, 427 F.2d 358 (9th Cir. filed June 8, 1970); United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970).
Honorable Philip C. Wilkins, United States District Judge, Sacramento, California, sitting by designation