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REMPEL v. UNITED STATES

No. 4985.

220 F.2d 949 (1955)

John William REMPEL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

March 22, 1955.

Attorney(s) appearing for the Case

William F. Reynard and Albert L. Vogl, Denver, Colo. (Carle Whitehead, Denver, Colo., on the brief), 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 BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

Appellant was charged by information with refusing to submit to induction into the armed forces of the United States in violation of section 12(a) of the Universal Military Training and Service Act, 62 Stat. 622, 50 U.S.C.A.Appendix, § 462 (a). Trial by jury was waived and the case was tried to the court. Appellant was found guilty and sentenced to imprisonment, whereupon he appealed.

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