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UNITED STATES v. BACK

No. 514, Docket 32133.

409 F.2d 1318 (1969)

UNITED STATES of America, Appellee, v. John Kenneth BACK, Jr., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 28, 1969.

Attorney(s) appearing for the Case

John Somers, New York City (Blumenthal, Somers & Goldstick, New York City, on the brief), for defendant-appellant.

John R. Robinson, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Paul K. Rooney, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

John Kenneth Back, Jr. appeals from a judgment of conviction for failing to report for induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a), entered in the United States District Court for the Southern District of New York after a trial before Thomas F. Murphy, J., sitting without a jury. Appellant claims that the evidence at trial was legally insufficient to prove that he knowingly and wilfully failed to report for induction, that...

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