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UNITED STATES v. BALOGH

No. 53, Docket 20312.

157 F.2d 939 (1946)

UNITED STATES v. BALOGH.

Circuit Court of Appeals, Second Circuit.

Judgment Vacated January 20, 1947.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y., for appellant.

Vine H. Smith, and J. Vincent Keogh, U. S. Atty., both of Brooklyn, N. Y. (Anthony G. Greco, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

Balogh appeals from a judgment, convicting him of failing to report for induction into the Army. Both sides waived a jury, and the case was tried to a judge who, at the conclusion of the testimony, found Balogh guilty as charged, and sentenced him to two years imprisonment. Balogh did not dispute that he refused to appear at the time directed in the induction order; but he offered as a defence that...

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