United States v. Kasper Alexander El, 443 F.2d 925 (3d Cir. 1971). · Go Syfert
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United States v. Kasper Alexander El, 443 F.2d 925 (3d Cir. 1971). Cases Citing This Book View Copy Cite
8 citation events across 3 distinct courts.
Strongest positive: United States v. Anthony Lewis Jasper, 460 F.2d 1224 (3d Cir. 1972)
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UNITED STATES of America
v.
Kasper Alexander EL, Appellant
17690_1.
Court of Appeals for the Third Circuit.
Jun 16, 1971.
Published opinion
443 F.2d 925
1971 U.S. App. LEXIS 9524
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. Tread-well, Asst. U. S. Atty., on the brief), for appellee.
Staley, Adams, Garth.
Cited by 8 opinions  |  Published

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.