John Norman Stow appeals from his one-count conviction for refusing to submit to induction in violation of 50 U.S.C. App. § 462. Appellant was processed as a “delinquent” after he failed to report for his physical examination.

For the reasons stated in our opinion in United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970), we reverse.