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FISHER v. UNITED STATES

No. 22561.

413 F.2d 1034 (1969)

William Thomas FISHER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 20, 1969.

Attorney(s) appearing for the Case

John E. Thorne (argued), of Thorne, Stanton, Clopton, Herz, Stanek & Steinberg, San Jose, Cal., for appellant.

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

Before CHAMBERS and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Appellant was found guilty in a jury trial of failure to report for and submit to induction into the Armed Forces in violation of 50 U.S.C. (App.) § 462.

The indictment charged that the defendant "on or about the 23rd day of June, 1967, * * * willfully and knowingly did fail and neglect to perform a duty required of him" under the Universal Military Training and Service Act, as amended, in that "he did fail and neglect to comply...

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