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UNITED STATES v. FRY

No. 34, Docket 22405.

203 F.2d 638 (1953)

UNITED STATES v. FRY.

United States Court of Appeals Second Circuit.

Decided March 11, 1953.

Rehearing Denied April 30, 1953.

Attorney(s) appearing for the Case

Hayden C. Covington, New York City, for appellant.

Myles J. Lane, U. S. Atty., New York City, for appellee; John M. Foley and Daniel H. Greenberg, Asst. U. S. Attys., New York City, of counsel.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit judges.

SWAN, Chief Judge.

This is an appeal from a conviction for refusal to take the necessary one step forward constituting induction into the armed forces. The appellant was tried without a jury and at the conclusion of the evidence moved for a judgment of acquittal, which the court denied in an opinion reported in D.C., 103 F.Supp. 905. He was sentenced to three years imprisonment and thereafter was enlarged on bail. Although several...

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