428 F2d 1226 United States v. Supina
428 F.2d 1226
UNITED STATES of America, Plaintiff-Appellee,
Philip Dale SUPINA, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
June 22, 1970.
W. Edward Morgan, (argued) Tucson, Ariz., for defendant-appellant.
Joe Jencks, (argued) Asst. U.S. Atty., Richard K. Burke, U.S. Atty., Jo Ann D. Diamos, Asst. U.S. Atty., for plaintiff-appellee.
Before MERRILL and KOELSCH, Circuit Judges, and WILKINS,1 district judge.
The judgment of conviction against Philip Dale Supina for refusing to submit to induction (50 U.S.C.App. 462) is reversed.
The record discloses that this is another one of those cases in which the registrant was processed for induction as a 'delinquent' by his Local Board after he failed to report for his physical examination. United States v. Stow, 427 F.2d 891 (9th Cir. filed May 27, 1970); see United States v Broyles, 427 F.2d 358 (9th Cir. filed June 8, 1970); United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970).
Honorable Philip C. Wilkins, United States District Judge, Sacramento, California, sitting by designation