United States v. Malone

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL AND FINDING DEFENDANT GUILTY

GEORGE B. HARRIS, District Judge.

Defendant Leslie Robert Malone was indicted for refusal to submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C.App. § 462. His case was thereafter tried to the court without a jury, and the matter was taken under submission for decision by the court following briefing by the parties.

Defendant’s Selective Service File in evidence reveals the following pertinent facts. •

Defendant registered with his local board in San Jose,…