UNITED STATES v. SIMMS


285 F.Supp. 981 (1968)

UNITED STATES of America, Plaintiff, v. Lionel Eric SIMMS, Defendant.

United States District Court D. Delaware.

May 22, 1968.


Attorney(s) appearing for the Case

John P. Brady, Asst. U. S. Atty., Wilmington, Del., for plaintiff.

Nicholas H. Rodriguez, Schmittinger & Rodriguez, Dover, Del., for defendant.


OPINION

LAYTON, District Judge.

On August 29, 1967, the Grand Jury returned an indictment charging that Lionel Eric Simms had knowingly failed to report for civilian work in lieu of induction into the Armed Forces pursuant to an order of Local Board No. 2, of the Selective Service System, Georgetown, Delaware, in violation of 50 App. U.S.C. § 462.

The case came on for trial to the Court, without a jury, on February 1, 1968. At the close of the...

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