UNITED STATES v. SMITH

No. 71-1321.

465 F.2d 388 (1972)

UNITED STATES, Appellee, v. Russell Harold SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1972.


Attorney(s) appearing for the Case

Gerald T. Laurie, of Lapp, Lazar, Laurie & Smith, Minneapolis, Minn., for appellant.

Joseph T. Walbran, Asst. U. S. Atty., Robert G. Renner, U. S. Atty. for the District of Minnesota, Minneapolis, Minn., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and WEBSTER, District Judge.


WEBSTER, District Judge.

In a case tried to the court without a jury appellant was found guilty of refusing to submit to induction into the armed forces, in violation of Title 50, Appendix, United States Code, Section 462.

In his unreported Memorandum and Finding of Guilty, Judge Larson accurately summarized the material facts as follows:

"The defendant was first ordered on September 16, 1969, to report for induction on October 2, 1969. Defendant on...

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