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UNITED STATES v. DeNARVAEZ

No. 224, Docket 32628.

407 F.2d 185 (1969)

UNITED STATES of America, Appellee, v. Charles Francis DeNARVAEZ, Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1969.

Attorney(s) appearing for the Case

Elmer Fried, New York City (William P. Volin, New York City, on the brief), for appellant.

Elkan Abramowitz, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, New York, N. Y., Andrew M. Lawler, Jr., and Charles P. Sifton, Asst. U. S. Attys., on the brief), for appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Charles Francis DeNarvaez (appellant) appeals from his conviction, after a trial without a jury in the District Court for the Southern District of New York, on one count of knowing failure to appear for an Armed Forces physical examination on April 3, 1962, and on one count of knowing failure to report for induction on February 13, 1963. 50 U. S.C. App. § 462(a). He was acquitted on one count of failure to appear for physical examination...

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