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UNITED STATES v. MacDONALD

No. CR 71-973.

340 F.Supp. 7 (1972)

UNITED STATES of America, Plaintiff, v. Philip Craig MacDONALD, Defendant.

United States District Court, N. D. California.

March 15, 1972.

Attorney(s) appearing for the Case

James L. Browning, Jr., U. S. Atty., Robert E. Carey, Jr., Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Gary A. Patton, Santa Cruz, Cal., for defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL

ZIRPOLI, District Judge.

This is a prosecution for failure to submit to induction in violation of 50 U.S.C. App. § 462(a). The defendant registered with his local board on December 22, 1969. He was classified I-A on August 10, 1970 and subsequently ordered to report for a pre-induction physical examination on October 15, 1970. DD Form 62 was properly mailed. On December 30, 1970, defendant...

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