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UNITED STATES v. PERRY

No. 73-1488.

496 F.2d 429 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Stuart Blackburn PERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 1974.

Attorney(s) appearing for the Case

Leon E. Tabor, Oklahoma City, Okl., for defendant-appellant.

James M. Peters, Asst. U. S. Atty., (William R. Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

PER CURIAM.

Defendant was charged and convicted of a violation of 50 U.S.C.App. § 462, failure to report for induction into the armed forces, following a second trial in the District Court for the Western District of Oklahoma. An earlier judgment of conviction was vacated by this court, United States v. Perry, 474 F.2d 983, for trial error and the case remanded for a new trial. The jury again convicted and this appeal followed...

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