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MULLOY v. UNITED STATES

No. 655.

398 U.S. 410 (1970)

90 S.Ct. 1766

26 L.Ed.2d 362

MULLOY v. UNITED STATES.

Supreme Court of United States.

Decided June 15, 1970

Attorney(s) appearing for the Case

Robert Allen Sedler argued the cause and filed briefs for petitioner.

Joseph J. Connolly argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Francis X. Beytagh, Jr., and Philip R. Monahan.

Briefs of amici curiae urging reversal were filed by Marvin M. Karpatkin, Michael N. Pollet, and Melvin L. Wulf for the American Civil Liberties Union et al., and by Ralph Rudd and Benjamin B. Sheerer for Wayne Spencer Deri et al.

MR. JUSTICE STEWART delivered the opinion of the Court.

Following a jury trial in the United States District Court for the Western District of Kentucky, the petitioner was convicted for refusing to submit to induction into the Armed Forces in violation of § 12 (a) of the Military Selective Service Act of 1967, 62 Stat. 622, as amended, 50 U. S. C. App. § 462 (a) (1964 ed., Supp. IV). He was sentenced to five years...

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