SWEENEY, Chief Judge.
The defendant was indicted for violation of the Selective Service Act of 1948, as amended, Title 50, U.S.C.A.Appendix, § 462, for failure to report on August 30, 1954, to his local Selective Service Board for assignment to civilian work. He pleaded not guilty and was tried by the Court, having waived his right to a trial by jury. At the close of the evidence, a motion for judgment of acquittal was filed.
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