[Download] "United States v. Pence" by United States Court of Appeals for the Eighth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Pence
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 01, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
LAY, Circuit Judge. David Marshall Pence appeals his conviction of failing ""to comply with an order of his local board to report for and submit to induction into the armed forces of the United States * * *"" in violation of 50 U.S.C.App. § 462. The grounds of appeal are two-fold: (1) that defendant's I-A classification (available for military service) was without basis in fact and (2) that defendant's reclassification from I-A-O (conscientious objector available for noncombatant military service only) to I-A was arbitrary and capricious and beyond the authority of the board. The district court in denying defendant's motion to dismiss held that defendant did not exhaust his administrative remedies and therefore could not challenge his classification. Alternatively, the trial court found that there existed a basis in fact for defendant's I-A classification. We reverse with directions to enter a verdict of acquittal.