From Casetext: Smarter Legal Research

United States v. El

United States Court of Appeals, Third Circuit
Jun 16, 1971
443 F.2d 925 (3d Cir. 1971)

Summary

In United States v. El, 443 F.2d 925 (C.A. 3, 1971), the court stated, "Having never presented a claim for exemption based on conscientious opposition to war to his local board and having raised the matter for the first time at the induction center, appellant is foreclosed from raising any defense of erroneous classification at his criminal trial."

Summary of this case from United States v. Powell

Opinion

No. 17690.

Submitted June 10, 1971.

Decided June 16, 1971.

Myron P. Maurer, Newark, N.J., for appellant.

Marc L. Dembling, Asst. U.S. Atty., Newark, N.J. (Herbert J. Stern, U.S. Atty., Newark, N.J., William M. Treadwell, Asst. U.S. Atty., on the brief), for appellee.

Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.


OPINION OF THE COURT


Appellant was convicted of refusing induction into the Armed Services. He had reported as ordered to the induction center but refused induction, stating for the first time that he was conscientiously opposed to war.

Having never presented a claim for exemption based on conscientious opposition to war to his local board and having raised the matter for the first time at the induction center, appellant is foreclosed from raising any defense of erroneous classification at his criminal trial. Ehlert v. United States, 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625 (1971); McGee v. United States, 402 U.S. 479, 91 S.Ct. 1565, 29 L.Ed.2d 47 (1971).

The judgment of the district court will be affirmed.


Summaries of

United States v. El

United States Court of Appeals, Third Circuit
Jun 16, 1971
443 F.2d 925 (3d Cir. 1971)

In United States v. El, 443 F.2d 925 (C.A. 3, 1971), the court stated, "Having never presented a claim for exemption based on conscientious opposition to war to his local board and having raised the matter for the first time at the induction center, appellant is foreclosed from raising any defense of erroneous classification at his criminal trial."

Summary of this case from United States v. Powell
Case details for

United States v. El

Case Details

Full title:UNITED STATES of America v. Kasper Alexander EL, Appellant

Court:United States Court of Appeals, Third Circuit

Date published: Jun 16, 1971

Citations

443 F.2d 925 (3d Cir. 1971)

Citing Cases

United States v. Townsend

See generally United States v. Penner, 425 F.2d 729 (5th Cir. 1970); Bernstein v. United States, 234 F.2d 475…

United States v. Powell

Some nineteen days later the board considered the claim, although it had no basis in law for giving any…