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UNITED STATES v. LEMKE

No. 25683.

439 F.2d 762 (1971)

UNITED STATES of America, Appellant, v. Lawrence G. LEMKE, Appellee.

United States Court of Appeals, Ninth Circuit.

March 19, 1971.

Attorney(s) appearing for the Case

Paul Sloan (argued), James L. Browning, Jr., U. S. Atty., Coleman Bresse, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Garfield Steward, San Francisco, Cal. (no argument), for appellee.

Before KILKENNY and TRASK, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM:

Appellee was indicted for failure to submit to induction into the Armed Forces of the United States in violation of 50 U.S.C.App. § 462. After pleading not guilty, he moved to dismiss the indictment on the ground that one member of his local board, although a resident of the county in which the local board sat, was not a resident of the geographical section of the county over which the board had jurisdiction. The trial court, after a pre-trial hearing...

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