United States v. Kelm

*170MEMORANDUM AND FINDINGS

DEVITT, Chief Judge.

Defendant is before the court in this jury waived criminal action as a result of an indictment returned November 24, 1971 charging him with a violation of 50 U.S.C. App. § 462. The Grand Jury charged that defendant failed to comply with an order of his local Selective Service Board to submit to induction into the Armed Forces of the United States.

It is defendant’s contention that a finding of not guilty is required under the principles announced by this court in United States v. Philbrook, 337 F.Supp. 70 (D.Minn.1972). The government contends that…