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UNITED STATES v. McKART

No. 18194.

395 F.2d 906 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Frederick McKART, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 14, 1968.

Attorney(s) appearing for the Case

Arnold Morelli, Cincinnati, Ohio, Bauer, Swain & Morelli, Cincinnati, Ohio, on brief, for defendant-appellant.

Thomas R. Smith, Asst. U. S. Atty., Cincinnati, Ohio, Robert M. Draper, U. S. Atty., Cincinnati, Ohio, on brief, for plaintiff-appellee.

Before PHILLIPS, CELEBREZZE and PECK, Circuit Judges.

PHILLIPS, Circuit Judge.

This case arises out of the failure and refusal of Jack Frederick McKart to comply with an order of his local draft board to report for and submit to induction into the Armed Forces of the United States. He was indicted for willfully and knowingly failing and neglecting to perform a duty required of him under the Selective Service Act. 50 U.S.C. App. § 462. He waived a jury trial, was found guilty by the District Judge and was sentenced...

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