United States v. Sam Joseph Battaglia

HASTINGS, Senior Circuit Judge.

In May, 1966, defendant Sam Joseph Battaglia was indicted by a federal grand *281jury charging violations of Section 12, Universal Military Training and Service Act, Title 50 App., U.S.C.A. § 462 (the Act).

Count I charged that on or about February 25, 1964, defendant willfully and knowingly made false statements to his local draft board, i. e., that he was then living with his wife and that he had two children who were then living with him in his home. Count II charged that on or about March 30, 1966, defendant willfully and knowingly made substantially the same…