UNITED STATES v. SWIGART

No. 73-1228.

490 F.2d 914 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Allen SWIGART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 26, 1973.


Attorney(s) appearing for the Case

John E. Stumbo, Topeka, Kan., for defendant-appellant.

E. Edward Johnson, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., and Adrian M. Farver, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, HILL, Circuit Judge, and O'CONNOR, District Judge.


HILL, Circuit Judge.

Appellant was charged in an indictment and convicted by a jury of failing to perform the duty required of him under the Military Service Act of 1967, that is, failure to comply with an order of his local draft board in violation of 50 U.S.C. Appendix § 462(a). He was sentenced to three years' imprisonment; but by the court's order, the execution of the sentence was stayed ten days. During this stay appellant absconded the jurisdiction and...

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