United States v. Lawrence G. Lemke

Appellee was indicted for failure to submit to induction into the Armed Forces of the United States in violation of 50 U.S.C.App. § 462. After pleading not guilty, he moved to dismiss the indictment on the ground that one member of his local board, although a resident of the county in which the local board sat, was not a resident of the geographical section of the county over which the board had jurisdiction. The trial court, after a pre-trial hearing, held that the local board was illegally constituted, that the order to report for induction was void and dismissed the indictment. The…