U.S. Court of Appeals for the Third Circuit, 1971

United States v. Arthur Nunnally

U.S. Court of Appeals for the Third Circuit · Decided September 30, 1971 · Hastie, Staley, Gibbons, Reargued, Seitz, Van Dusen, Aldisert, Adams, Rosenn

448 F.2d 788 (Federal Reporter, Second Series)

Opinion of the Court

OPINION OF THE COURT

PER CURIAM:

This is an appeal by a Selective Service registrant from a criminal conviction predicated upon his refusal to obey an order for induction into the armed forces. For different reasons, the several judges of this court have voted to reverse this conviction and order the discharge of the accused.

The judgment will be reversed.

Dissenting Opinion

STALEY, Circuit Judge,

dissents and would affirm the judgment of the district court.

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