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O'BRIEN v. UNITED STATES

No. 6813.

376 F.2d 538 (1967)

David Paul O'BRIEN, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided April 10, 1967.

Rehearing Denied April 28, 1967.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City, with whom Howard S. Whiteside, Boston, Mass., Melvin L. Wulf, New York City, Henry P. Monaghan, Boston, Mass., and Eleanor Holmes Norton, New York City, were on brief, for appellant.

John Wall, Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

The defendant was indicted on the charge that he "willfully and knowingly did mutilate, destroy and change by burning * * * [his] Registration Certificate (Selective Service System Form No. 2); in violation of Title 50, App. United States Code, Section 462(b)." Section 462(b) is composed of six numbered subsections, none of which was identified except as above. The following provisions are here pertinent.

"(3) who forges, alters,

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