United States v. Diercks

PLATT, District Judge.

Elwood Lowell Diercks was indicted by the grand jury on two counts alleging that he violated Section 462, Title 50 U.S.C.A.Appendix, in that he refused to perform the work at Manteno State Hospital, at Manteno, Illinois, in accordance with the order of his Selective Service Board.

The petitioner and the government stipulated in writing that a jury be waived. Rule 23(a) Fed.Rules Crim. Proc., 18 U.S.C.A.; that the selective service system file be admitted in evidence, and that the defendant Diercks failed to perform work as charged in the indictment.

The defendant contends…