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UNITED STATES v. BATTAGLIA

No. 16861.

410 F.2d 279 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Sam Joseph BATTAGLIA, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 7, 1969.

Attorney(s) appearing for the Case

Maurice J. Walsh, Carl M. Walsh, Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., Lawrence T. Stanner, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

HASTINGS, Senior Circuit Judge.

In May, 1966, defendant Sam Joseph Battaglia was indicted by a federal grand jury charging violations of Section 12, Universal Military Training and Service Act, Title 50 App., U.S.C.A. § 462 (the Act).

Count I charged that on or about February 25, 1964, defendant willfully and knowingly made false statements to his local draft board, i. e., that he was then living with...

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