UNITED STATES v. COLLURA

No. 135.

139 F.2d 345 (1943)

UNITED STATES v. COLLURA.

Circuit Court of Appeals, Second Circuit.

December 21, 1943.


Attorney(s) appearing for the Case

Milo O. Bennett, of New York City, for appellant.

James B. M. McNally, U. S. Atty., of New York City (K. Bertram Friedman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


PER CURIAM.

The appellant was convicted upon an indictment charging wilful failure to perform a duty required of him under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 311, to-wit, failure to report for induction into the United States Army. In response to an order of his local draft board to report for induction, the appellant appeared at the induction station at the appointed hour but stated that he refused to be inducted unless given...

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