No. 8789.

315 F.2d 466 (1963)

UNITED STATES of America, Appellee, v. Walter Ernest COLE, Jr., Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 8, 1963.

Attorney(s) appearing for the Case

John Haworth, High Point, N. C., for appellant.

William Medford, U. S. Atty. (Robert J. Robinson, Asst. U. S. Atty., on brief), for appellee.

Before SOPER, BOREMAN, and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The District Court, sitting without jury, on the basis of stipulations and the evidence contained in the defendant Cole's file, found him guilty of violation of 50 U.S.C. Appendix, § 462 — wilful refusal to be inducted into the Armed Forces — and sentenced him to two years imprisonment.

We examine the evidence before the District Court to determine whether that Court was clearly in error in finding that there...

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