UNITED STATES v. ABBOTT

No. 19816.

425 F.2d 910 (1970)

UNITED STATES of America, Appellee, v. Stephen Eugene ABBOTT, Appellant.

United States Court of Appeals, Eighth Circuit.

April 28, 1970.


Attorney(s) appearing for the Case

Peter E. Rindskopf, Atlanta, Ga., for appellant; Howard Moore, Jr., Atlanta, Ga., on the brief.

Duane L. Nelson, Asst. U. S. Atty., Omaha, Neb., for appellee; Richard A. Dier, U. S. Atty., and Edward S. Szukelewicz, Atty., Criminal Division, Dept. of Justice, Washington, D. C., on the brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.


LAY, Circuit Judge.

Stephen Abbott appeals his conviction under 50 U.S.C. App. § 462 arising out of his refusal to submit to induction into the armed forces of the United States.

On October 19, 1967, Abbott reported, as ordered, to the induction center in Atlanta, Georgia, but refused to take the symbolic step forward to be inducted. After indictment, his residence being originally in Lincoln, Nebraska, his case was transferred to the District of Nebraska...

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