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UNITED STATES v. VINCELLI

No. 268, Docket 23071.

215 F.2d 210 (1954)

UNITED STATES v. VINCELLI

United States Court of Appeals, Second Circuit.

Decided August 17, 1954.

Rehearing Denied November 9, 1954.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., for defendant-appellant.

J. Edward Lumbard, U. S. Atty., Boudinot P. Atterbury, Asst. U. S. Atty., New York City, of counsel, for plaintiff-appellee.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

Rehearing Denied November 9, 1954. See 216 F.2d 681.

CHASE, Chief Judge.

The appellant was tried by court, a jury having been duly waived, in the District Court for the Southern District of New York on an indictment in one count charging his violation of the Universal Military Training and Service Act, Title 50 U.S.C.A.Appendix, § 462, by willfully refusing to submit to induction into the armed forces of the United States...

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