United States v. Kasper Alexander El

Third Circuit

United States v. Kasper Alexander El

443 F.2d 925, 1971 U.S. App. LEXIS 9524

CourtCourt of Appeals for the Third Circuit

DecidedJune 16, 1971

Docket17690_1

StatusPublished

Cited by8 cases

This text of 443 F.2d 925 (United States v. Kasper Alexander El) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Kasper Alexander El, 443 F.2d 925, 1971 U.S. App. LEXIS 9524 (3d Cir. 1971).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM:

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.

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