UNITED STATES v. POLIZZI

No. 73-1270.

493 F.2d 570 (1974)

UNITED STATES of America v. Michael August POLIZZI, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 8, 1974.


Attorney(s) appearing for the Case

Herbert I. Waldman, West Orange, N. J., Jerry N. Friedland, Barr, Kaplus & Friedland, East Orange, N. J., for appellant.

Herbert J. Stern, U. S. Atty., Richard S. Zacken, Asst. U. S. Atty., Newark, N. J., for appellee.

Before BIGGS, ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

BIGGS, Circuit Judge.

This is an appeal from a conviction under 50 U.S.C. App. § 462(a) for wilfully failing to submit to induction into the Armed Forces. The case was tried to the court without a jury and, by stipulation, findings of fact were waived. The following facts, however, can be culled from the record.

The appellant, Michael August Polizzi, registered with his local board on September 7, 1967. He received a deferment...

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