Opinion · Court of Appeals for the Ninth Circuit

Jerry Allen Niles v. United States

220 F.2d 278

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1955-05-23
Topic
general

PER CURIAM. Appellant, a conscientious objector, was classified 1-0 by the appropriate local Selective Service Board. After due compliance with the provisions of the regulations, the Board assigned him to institutional work with the Los Angeles Department of Charities, a public organization of Los Angeles County, Cali *279 fornia. He failed to obey the assignment order and was indicted and convicted for violation of the Military Training and Service Act, 50 U.S.C.A.Appendix, § 462 (a). The judgment of conviction is affirmed for the reasons given by the trial court, D.C., 122 F.Supp. 382.

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NILES v. UNITED STATES,220 F.2d 278(9th Cir. 1955)
Jerry Allen NILES, Appellant, v. UNITED STATES of America, Appellee.
No. 14452.
United States Court of Appeals, Ninth Circuit.
March 16, 1955.
Writ of Certiorari Denied May 23, 1955.
See 75 S.Ct. 784.
Appeal from the United States District Court for the Northern District of California, Southern Division; Michael J. Roche, Judge.
J.H. Brill, San Francisco, Cal., for appellant.

Lloyd H. Burke, U.S. Atty., Donald B. Constine, Richard H. Foster, Asst. U.S. Attys., San Francisco, Cal., for appellee.
Before HEALY and BONE, Circuit Judges, and MURRAY, District Judge.
PER CURIAM.
Appellant, a conscientious objector, was classified 1-O by the appropriate local Selective Service Board. After due compliance with the provisions of the regulations, the Board assigned him to institutional work with the Los Angeles Department of Charities, a public organization of Los Angeles County, California.Page 279He failed to obey the assignment order and was indicted and convicted for violation of the Military Training and Service Act, 50 U.S.C.A.Appendix, § 462(a).

The judgment of conviction is affirmed for the reasons given by the trial court, D.C.,122 F. Supp. 382.