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UNITED STATES v. POLITES

No. 19290.

448 F.2d 1321 (1971)

UNITED STATES of America v. Sigmund Peter POLITES, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 13, 1971.

Attorney(s) appearing for the Case

Francis S. Wright, Assistant Defender, Defender Association of Philadelphia, Philadelphia, Pa., for appellant.

Merna B. Marshall, Asst. U. S. Atty. (Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and SEITZ and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Sigmund Polites, a selective service registrant, appeals from a conviction of willfully refusing to submit as ordered to induction into the armed forces. The case was tried to the court without a jury, 313 F.Supp. 848.

The essential facts are not in dispute. On this appeal the registrant urges that his motion for judgment of acquittal should have been granted on the...

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