From Casetext: Smarter Legal Research

Pigue v. United States

United States Court of Appeals, Fifth Circuit
Jan 4, 1968
389 F.2d 765 (5th Cir. 1968)

Opinion

No. 25036.

January 4, 1968.

Hubert W. Williams, Orlando, Fla., for appellant.

Kendell W. Wherry, Asst. U.S. Atty., Edward F. Boardman, U.S. Atty., Tampa, Fla., for appellee.

Before BELL, GOLDBERG and DYER, Circuit Judges.


The appellant was convicted on a jury verdict for failure to report to his local draft board and for failure to report for civilian work. 50 U.S.C. App. §§ 456(j), 462(a). He appeals on the basis that the government failed to prove affirmatively that the draft board had complied with 32 C.F.R. § 1660.20 which provides that a draft board is not to call a conscientious objector before he would have been called had he not been classified 1-0. This issue was recently decided in Greer v. United States, 5 Cir. 1967, 378 F.2d 931, and Lowe v. United States, 5 Cir., Jan. 3, 1968, 389 F.2d 51, and we affirm on the basis of those decisions.

Affirmed.


Summaries of

Pigue v. United States

United States Court of Appeals, Fifth Circuit
Jan 4, 1968
389 F.2d 765 (5th Cir. 1968)
Case details for

Pigue v. United States

Case Details

Full title:Clifford Glenn PIGUE, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 4, 1968

Citations

389 F.2d 765 (5th Cir. 1968)

Citing Cases

United States v. Norman

Dealing specifically with a claim that the prosecution had not, as part of its case, established that an…

United States v. Bruce

In any event, the decided cases are consistent in holding that it is not necessary for the Government to show…