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UNITED STATES v. PERRY

No. 72-1456.

474 F.2d 983 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Stuart Blackburn PERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 1, 1973.

Attorney(s) appearing for the Case

Floy E. Dawson, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief), for plaintiff-appellee.

Donald F. Gust, Oklahoma City, Okl. (Pierce, Couch, Hendrickson, Gust & Short, Oklahoma City, Okl., of counsel, on the brief), for defendant-appellant.

Before BREITENSTEIN and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.

PER CURIAM.

A one-count indictment charged defendant-appellant with violating 50 App. U.S.C. § 462(a) by failing to report for induction into the armed services. A jury found him guilty. The court sentenced him to five years imprisonment, and he appeals. We agree that the judgment must be reversed and the case remanded for a new trial but disagree as to the reasons therefor.

The controversy centers around the Selective Service Regulation, which appears...

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