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UNITED STATES v. GARLAND

No. 392, Docket 30278.

364 F.2d 487 (1966)

UNITED STATES of America, Appellee, v. Stanley Lorenzo GARLAND, Appellant.

United States Court of Appeals Second Circuit.

Decided August 1, 1966.

Attorney(s) appearing for the Case

Paul K. Rooney, Asst. U. S. Atty. Southern District of New York (Robert M. Morgenthau, U. S. Atty. for Southern District of New York and Daniel R. Murdock, Asst. U. S. Atty., on the brief), for appellee.

Jerome J. Londin, New York City, (Ann T. Kernan, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

Stanley Lorenzo Garland appeals his conviction on two counts for twice refusing to submit to physical examinations to determine his fitness for induction into the Armed Forces in violation of 50 U.S.C. Appendix § 462(a) after a jury trial before Judge Cooper in the District Court for the Southern District of New York. He received a suspended three-year sentence. He claims error in the judge's charge and that the exclusion of his infant daughter...

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