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YPPARILA v. UNITED STATES

No. 4937.

219 F.2d 465 (1954)

Kenneth Elmer YPPARILA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

December 22, 1954.

Attorney(s) appearing for the Case

William H. Erickson, Denver, Colo. (Hayden Covington, Brooklyn, N. Y., on the briefs), for appellant.

Robert D. Inman, Asst. U. S. Atty., Boulder, Colo. (Donald E. Kelley, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

Ypparila was charged by information with refusing to submit to induction in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462(a). He waived trial by jury. On a trial to the court he was found guilty and sentenced and has appealed.

The facts are not in dispute. Ypparila was born October 2, 1927. He duly registered with Selective Service Board No. 26 at Belle Fourche, South Dakota. On September...

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