Legal Opinion

United States v. Martin

District Court, W.D. New York

Decided November 27, 1972No. Cr. 1969-158Published

1Opinion of the Court

CURTIN, District Judge.

This case is a prosecution for willful refusal to report for induction into the armed services, in violation of 50 U.S.C. App. § 462(a). Among the defenses raised by the defendant in his motion for a judgment of acquittal is that he was ordered to report for induction on November 12, 1968 1 out of the proper *400sequence established by Selective Service System Regulation 1631.7(a) as it then existed. Only questions relating to this defense are presently before the court because the government has moved to reopen its case in order to present evidence relating to the order of…

2Cases cited6 opinions

  1. United States v. Arnold G. SandbankCourt of Appeals for the Second Circuit · 1969
  2. United States v. Steven Antone CamaraCourt of Appeals for the First Circuit · 1971
  3. United States v. Mark WeintraubCourt of Appeals for the Second Circuit · 1970
  4. United States v. GriglioDistrict Court, D. Massachusetts · 1971
  5. United States v. HolbyDistrict Court, S.D. New York · 1972

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