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UNITED STATES v. HAYDEN

No. 25803.

445 F.2d 1365 (1971)

UNITED STATES of America, Appellee, v. Christian Winslow HAYDEN, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 26, 1971.

Attorney(s) appearing for the Case

Hugh R. Manes (argued), of Stewart, Finkel & Manes, Los Angeles, Cal., for appellant.

David Curnow (argued), Richard H. Kirschner, Richard L. Jaeger, Asst. U. S. Attys., David R. Nissen, Chief, Crim. Div., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG, and ELY, Circuit Judges.

ELY, Circuit Judge:

Hayden appeals from his conviction on two counts of an indictment charging him with having violated § 12 of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(a). The separate offenses charged were failure to report for a pre-induction physical examination and failure to report for induction. The judgments must be reversed.

The facts are not in dispute. However, we think it desirable to review, in some detail...

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