UNITED STATES v. NELSON

No. 11151.

221 F.2d 623 (1955)

The UNITED STATES of America, Plaintiff-Appellee, v. Wayne Edwin NELSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

April 15, 1955.


Attorney(s) appearing for the Case

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

Timothy T. Cronin, U. S. Atty., Howard W. Hilgendorf, Asst. U. S. Atty., Milwaukee, Wis., for appellee.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.


FINNEGAN, Circuit Judge.

A written refusal to be inducted into the United States Armed Forces, signed by registrant Nelson, January 8, 1952, impelled his indictment and trial for violating the Selective Service Act of 1948, as amended, 62 Stat. 622, 50 U.S.C.A. Appendix, §§ 451 et seq., 462(a). His conviction, after waiving trial by jury, and overruled motion for judgment of acquittal are before us on review.

Several observations deserve prefatory...

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