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UNITED STATES v. SMITH

Crim. No. 4206.

266 F.Supp. 309 (1967)

UNITED STATES of America, Plaintiff, v. Terry Clemens SMITH, Defendant.

United States District Court D. Montana, Butte Division.

April 4, 1967.

Attorney(s) appearing for the Case

Moody Brickett, U. S. Atty., Butte, Mont., and Arthur W. Ayers, Jr., Asst. U. S. Atty., Billings, Mont., for plaintiff.

Joseph P. Hennessey, Billings, Mont., for defendant.

MEMORANDUM OPINION

JAMESON, Chief Judge.

By an indictment returned January 20, 1967, the defendant, Terry Clemens Smith, was charged with a violation of 50 U.S.C. App. § 462 for failing to comply with an order of his local selective service board to submit to induction into the armed forces of the United States. The defendant entered a plea of not guilty on February 3, 1967. Since one of defendant's defenses is improper classification by his draft board...

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