Legal Opinion
United States v. Holby
District Court, S.D. New York
Decided June 29, 1972No. 71 Cr. 507PublishedCited by 5 opinions
1Opinion of the Court
CANNELLA, District Judge.
The defendant’s motion for a judgment of acquittal, made pursuant to Rule 29 of the Federal Rules of Criminal Pro-
On May 12, 1971, a one-count indictment was filed charging the defendant with refusing to submit to induction in violation of 50 U.S.C. App. § 462(a). 1 On May 24, 1971, the defendant pleaded not guilty, thereby placing in issue each material element in the indictment. In addition, the defendant has asserted the affirmative defense that the order for induction was invalid because the order of call requirement of the Selective Service Act was violated. The…
2Cases cited19 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- McGee v. United StatesSupreme Court of the United States · 1971
- Younger v. GilmoreSupreme Court of the United States · 1971
- Roudebush v. HartkeSupreme Court of the United States · 1972
- Cornelious Lockhart v. United StatesCourt of Appeals for the Ninth Circuit · 1970
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Leland Laird HolbyCourt of Appeals for the Second Circuit · 1973
- United States v. SundstromDistrict Court, S.D. New York · 1973
- United States v. William Hanworth KincaidCourt of Appeals for the Ninth Circuit · 1973
- United States v. Robert Loren WeaverCourt of Appeals for the Seventh Circuit · 1973
- United States v. MartinDistrict Court, W.D. New York · 1972