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UNITED STATES v. SMITH

No. 69 CR. 99.

308 F.Supp. 1262 (1969)

UNITED STATES of America v. Kenneth SMITH, Defendant.

United States District Court, S. D. New York.

September 11, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., by Peter F. Rient, Asst. U. S. Atty., New York City, for plaintiff.

John P. Curley, Legal Aid Society, New York City, for defendant.

Memorandum Opinion

MOTLEY, District Judge.

Defendant was classified by his local draft board as a conscientious objector on June 14, 1966. He is charged in a one-count indictment filed February 3, 1969, with the offense of unlawfully and knowingly refusing to report to his local board for instructions to proceed to his assigned place of civilian work, in lieu of regular military service. 50 App. U.S.C. § 462(a); 32 C.F.R. 1660.30 The court finds...

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