The opinion
*1269 KILKENNY, Circuit Judge
(dissenting) :
Normally, the finding of guilt by the trial judge after a waiver of a jury, would resolve all issues of fact against a defendant. Here, however, the trial judge was of the belief that only issues of law were before him. On this record, I would remand with directions to the trial judge to make a specific finding on the truth of appellant’s claim that he did not receive the notice to report until after the induction date. Strangely enough, this issue was not raised and appellant did not testify until after the first pronouncement of guilt. That fact, and the further fact that the order was mailed on February 6, 1968, along with instructions to report on the following March 11th, coupled with the failure of appellant, after he received the notice, to follow instructions and notify the board of his problem, cast grave doubt on the veracity of his testimony.
Appellant’s other contentions do not warrant discussion.