United States v. Aull

OPINION

EDWARD WEINFELD, District Judge.

The defendant, charged with willful refusal to submit to induction into the Armed Forces, 1 waived trial by jury. Upon conclusion of the trial, the court granted the defendant’s request for leave to submit briefs and reserved decision on his motion for judgment of acquittal.

The essential fact that the defendant intentionally and willfully refused to take the symbolic one step forward on April 7, 1971, when he reported and was found acceptable for induction is not in dispute. His assigned reason was that he was a conscientious objector. The defendant…