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UNITED STATES v. FARGNOLI

Crim. Indictment No. 7571.

332 F.Supp. 1125 (1971)

UNITED STATES of America v. John Ernest FARGNOLI.

United States District Court, D. Rhode Island.

September 23, 1971.

Attorney(s) appearing for the Case

Lincoln C. Almond, U. S. Atty., Constance L. Messore, Asst. U. S. Atty., Providence, R. I., for plaintiff.

Seth K. Gifford, Providence, R. I., for defendant.

OPINION

DAY, District Judge.

The defendant, John Ernest Fargnoli, was indicted for refusing to submit to induction into the United States Army in violation of 50 U.S.C. App. § 462(a). He waived his right to a trial by a jury and was tried to the Court. At the conclusion of said trial I reserved decision pending the filing of memoranda by counsel for the Government and for the defendant which have been carefully considered by me.

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