Legal Opinion

United States v. Hughes

District Court, S.D. New York

Decided September 12, 1973No. 72 Cr. 405PublishedCited by 2 opinions

1Opinion of the Court

OPINION

COOPER, District Judge.

In this nonjury trial, defendant is charged with deliberate failure to submit to induction into the Armed Forces. 50 U.S.C. App. § 462(a); 32 C.F.R. § 1632.14. Upon conclusion of the trial, the Court reserved decision on defendant’s motion for judgment of acquittal.

That defendant intentionally failed to report for induction on July 16, 1970 as ordered is not in dispute. His assigned reason was that he had departed from the United States just prior to that date under emergency conditions in order to care for a sick brother. Defendant urges that he is entitled to…

2Cases cited30 opinions

  1. Mulloy v. United StatesSupreme Court of the United States · 1970
  2. United States v. David Arthur GeareyCourt of Appeals for the Second Circuit · 1966
  3. United States v. David B. StoppelmanCourt of Appeals for the First Circuit · 1969
  4. Glen Woodson Palmer, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  5. United States v. John StaffordCourt of Appeals for the Second Circuit · 1968

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3Cited by2 opinions

  1. United States v. Milwood W. C. Hughes, Jr.Court of Appeals for the Second Circuit · 1974
  2. United States v. RuedaDistrict Court, S.D. New York · 1974

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