United States of America v. Kasper Alexander El, Appellant, 443 F.2d 925 (3d Cir. 1971)

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U.S. Court of Appeals for the Third Circuit - 443 F.2d 925 (3d Cir. 1971) Submitted June 10, 1971
Decided June 16, 1971

Myron P. Maurer, Newark, N. J., for appellant.

Marc L. Dembling, Asst. U. S. Atty., Newark, N. J. (Herbert J. Stern, U.S. Atty., Newark, N. J., William M. Treadwell, Asst. U. S. Atty., on the brief), for appellee.

Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.



Appellant was convicted of refusing induction into the Armed Services. He had reported as ordered to the induction center but refused induction, stating for the first time that he was conscientiously opposed to war.

Having never presented a claim for exemption based on conscientious opposition to war to his local board and having raised the matter for the first time at the induction center, appellant is foreclosed from raising any defense of erroneous classification at his criminal trial. Ehlert v. United States, 402 U.S. 99, 91 S. Ct. 1319, 28 L. Ed. 2d 625 (1971); McGee v. United States, 402 U.S. 479, 91 S. Ct. 1565, 29 L. Ed. 2d 47 (1971).

The judgment of the district court will be affirmed.