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UNITED STATES v. CAPEHART

No. A-6710.

141 F.Supp. 708 (1956)

UNITED STATES of America v. Jack Ronald CAPEHART.

United States District Court N. D. West Virginia, Wheeling Division.

May 29, 1956.

Attorney(s) appearing for the Case

John R. Morris, U. S. Atty., Clarksburg, W. Va., R. J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., for plaintiff.

Victor F. Schmidt, Columbus, Ohio, Horace S. Meldahl, Charleston, W. Va., for defendant.

BOREMAN, District Judge.

An indictment was returned by the grand jury for the Northern District of West Virginia on the 6th day of April, 1954, against the defendant, Jack Ronald Capehart. Count No. 1 was dismissed on motion of the defendant with consent of the United States Attorney. Count No. 2 of the indictment, with which we are concerned, charged that the defendant, having been classified by Local Board No. 2, Selective Service System, Cabell County, Huntington...

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