UNITED STATES v. DROZD

No. 74-1963.

512 F.2d 1165 (1975)

UNITED STATES of America, Appellee, v. Douglas B. DROZD, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 26, 1975.


Attorney(s) appearing for the Case

Stuart S. Ball, Ball, Elwell, Hayden, Livingston & Nelson, Newark, N. J., for appellant.

William T. Pizzi, Asst. U. S. Atty., Jonathan L. Goldstein, U. S. Atty., John J. Barry, Asst. U. S. Atty., Chief, Appeals Div., Newark, N. J., for appellee.

Before VAN DUSEN, GIBBONS, and HUNTER, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) February 24, 1975.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Douglas Drozd appeals from a judgment of sentence following conviction on an indictment charging him with wilfully refusing to submit to induction in violation of 50 U.S.C., Appendix, § 462. Drozd waived both a jury trial and the provision of Rule 23(c) Fed.R.Crim.P. that the court on request find the facts specially.

The government...

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