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UNITED STATES v. ASBELL

No. 72-14-Cr-J.

351 F.Supp. 1276 (1972)

UNITED STATES of America v. Burnis ASBELL, Jr.

United States District Court, M. D. Florida, Jacksonville Division.

As Amended January 18, 1973.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., for plaintiff.

Carol Wild Scott, Gainesville, Fla., for defendant.

OPINION

TJOFLAT, District Judge.

The defendant is charged with refusing to submit to induction into the armed services in violation of 50 U.S.C. App. § 462(a). He waived his right to trial by jury and was tried before the Court. His only defenses are that the military authorities failed to make a decision as to his medical acceptability, required by 50 U.S.C. App. § 454(a),1 before ordering him to submit to induction...

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