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UNITED STATES v. BURNS

Crim. A. No. 68-CR-127.

296 F.Supp. 162 (1969)

UNITED STATES of America, Plaintiff, v. Timothy Shawn BURNS, Defendant.

United States District Court D. Colorado.

February 25, 1969.

Attorney(s) appearing for the Case

Lawrence M. Henry, U. S. Atty., David A. Fogel, Asst. U. S. Atty., Denver, Colo., for plaintiff.

Richard E. Hartman, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, Judge.

The defendant was tried and found guilty of wilfully failing to report for and submit to induction into the Armed Forces of the United States in violation of 50 U.S.C.A. App. § 462(a) (1968). The matter is before us on a motion for judgment notwithstanding the verdict, or alternatively, for new trial. Defendant contends in essence that his conviction cannot stand because he was arbitrarily and unlawfully...

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