UNITED STATES v. WESTPHAL

No. CR69-60S.

304 F.Supp. 951 (1969)

UNITED STATES of America, Plaintiff, v. Dennis DeVerne WESTPHAL, Defendant.

United States District Court D. South Dakota, S. D.

October 20, 1969.


Attorney(s) appearing for the Case

R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for plaintiff.

Robert C. Heege, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant.


NICHOL, Chief Judge.

MEMORANDUM DECISION

The defendant, Dennis DeVerne Westphal, following indictment for wilful failure to submit to induction into the Armed Forces of the United States, in violation of 50 App. U.S.C. Sec. 462, waived in writing his right to a jury trial, pursuant to Rule 23 of the Federal Rules of Criminal Procedure, and with the consent of the government, the case was tried to the Court.

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