ARNDT v. UNITED STATES

No. 15238.

222 F.2d 484 (1955)

Wayne Eldon ARNDT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1955.


Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., Victor F. Schmidt, Columbus, Ohio, for appellant.

Vernon W. Evans, Jr., Asst. U. S. Atty., Tampa, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

Appellant was convicted for wilfully failing and refusing to report for induction into the armed forces of the United States in violation of the Selective Service Act of 1948, as amended, 50 U.S. C.A.Appendix, § 462, and was sentenced to a term in prison. This appeal is prosecuted and a large number of errors are assigned as having been committed by the lower court.

The facts on which the draft boards acted are these:

Appellant...

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