United States v. Clark

STEWART, District Judge.

Defendant is charged with having evaded and refused service in the Armed Forces of the United States in violation of the Selective Service Act of 1948, as amended, 50 U.S.C.A. Appendix, § 451 et seq. A trial was held before this Court sitting without a jury.

Neither side has requested special findings under Rule 23(c) of the Federal Rules of Criminal Procedure, 18 U.S.C. We believe it is desirable, however, to set forth our reasons for concluding that the defendant is not guilty.

The pertinent facts, most of which are not in dispute, are as follows: Defendant registered…