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UNITED STATES v. TERMINI

No. 287, Docket 25314.

267 F.2d 18 (1959)

UNITED STATES of America, Appellee, v. Frank TERMINI, Appellant.

United States Court of Appeals Second Circuit.

Decided June 2, 1959.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (William W. Kleinman, Brooklyn, N. Y., on the brief), for appellant.

William H. Sperling, Sp. Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and GALSTON, District Judge.

CLARK, Chief Judge.

Frank Termini appeals from his conviction for violation of 50 U.S.C. Appendix § 462(a) for making false statements to his Selective Service Board on August 19, 1953, September 16, 1953, and February 16, 1954, that he was then living with his wife and child. Trial was had before Judge Bruchhausen, a jury having been waived. The sole issue seriously contested at the trial was the truth or falsity of his statements to the Draft Board. The testimony...

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