Legal Opinion
United States v. MacHado
District Court, N.D. California
Decided November 21, 1969No. Crim. 42692PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM OPINION GRANTING MOTION FOR JUDGMENT OF ACQUITTAL
ZIRPOLI, District Judge.
I. FACTUAL SETTING.
Defendant, Pedro Lucas Machado, is charged with refusal to submit to induction. He raises in his defense the fact that the draft board which classified him I-A and issued his induction order did not comply with 32 C.F.R. 1604.52(c), which states in its pertinent part the following: “The members of local boards * * * shall also, if at all practicable, be residents of the area in which their local board has jurisdiction.”
The board involved herein is Local Board No. 65, the same board that was…
2Cases cited46 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- Vitarelli v. SeatonSupreme Court of the United States · 1959
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
- David Bruce Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1967
41 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Application of Pioneer Mill CompanyHawaii Supreme Court · 1972
- National Ass'n of Greeting Card Publishers v. United States Postal ServiceCourt of Appeals for the D.C. Circuit · 1976
- United States v. Charles Laverne CabbageCourt of Appeals for the Sixth Circuit · 1970
- United States v. Charles Douglas ChaudronCourt of Appeals for the Eighth Circuit · 1970
- In the Matter of Thrift Shoe Co., Inc., Debtor. The National Cash Register Co. v. Curtis B. Danning, Receiver, and Thrift Shoe Co., Inc.Court of Appeals for the Ninth Circuit · 1974
18 more not listed; retrieve them via the Exa API.