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BADGER v. UNITED STATES

No. 18483.

322 F.2d 902 (1963)

Richard Arlen BADGER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 13, 1963.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Norman T. Ollestad and William D. Keller, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and SWEIGERT, District Judge.

JERTBERG, Circuit Judge.

Appellant was indicted for knowingly failing and neglecting to report for civilian employment contributing to the maintenance of the national health, safety and interest as ordered by his local draft board in lieu of induction,1 in violation of 50 App.U.S.C. § 462. At the trial of the case to the court, a jury having been waived, the entire selective service file of the appellant was received in evidence....

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