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BREDE v. UNITED STATES

No. 21928.

396 F.2d 155 (1968)

Ernest Douglas BREDE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 16, 1968.

Attorney(s) appearing for the Case

Clark A. Barrett (argued), San Francisco, Cal., for appellant.

Paul G. Sloan (argued), Jerrold M. Ladar, Asst. U. S. Attys., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges and TAYLOR, District Judge.

Rehearing Denied September 16, 1968. See 400 F.2d 599.

TAYLOR, District Judge:

Appellant has appealed from a judgment of conviction, after a court trial, for a violation of the Universal Military Training and Service Act, 50 U.S.C.A. App. § 462(a).

The charging portion of the indictment alleges as follows:

That appellant, on or about May 3, 1966, "willfully and knowingly did fail and neglect to perform...

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