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UNITED STATES v. SMOGOR

No. 17173.

411 F.2d 501 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Alexander SMOGOR, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 3, 1969.

Attorney(s) appearing for the Case

Thomas L. Shaffer, Notre Dame, Ind., George N. Beamer, Jr., South Bend, Ind., for defendant-appellant.

Alfred W. Moellering, Fort Wayne, Ind., Richard L. Kieser, South Bend, Ind., for plaintiff-appellee.

Before KILEY and SWYGERT, Circuit Judges, and HOFFMAN, District Judge.

SWYGERT, Circuit Judge.

The defendant, Paul Alexander Smogor, was indicted for wilfully failing to obey an order of his draft board to report for and submit to induction into the armed forces of the United States in violation of 50 U.S.C.App. § 462(a). He waived a jury and was tried by the court. After being found guilty, he was sentenced to three years in prison. The defendant appeals from the judgment of conviction.

The record shows the following facts...

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