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UNITED STATES v. PRESTON

No. 27228.

420 F.2d 60 (1969)

The UNITED STATES of America, Plaintiff-Appellee, v. Wilton Allen PRESTON, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 20, 1970.

Attorney(s) appearing for the Case

Thomas M. Ervin, Jr., Tallahassee, Fla., for appellant, Wilton Allen Preston, pro se.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before GOLDBERG, AINSWORTH and DYER, Circuit Judges.

DYER, Circuit Judge:

Appellant was charged with knowingly failing to report for a physical examination on June 6, 1967, and with knowingly failing to report for military induction on September 5, 1967, in violation of 50 U.S.C.A. App. § 462(a). A jury acquitted him of the first offense but convicted him of knowingly failing to report for induction. His primary contention on appeal is that the evidence is insufficient...

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