United States v. Asbell

OPINION

TJOFLAT, District Judge.

The defendant is charged with refusing to submit to induction into the armed services in violation of 50 U.S.C. App. § 462(a). He waived his right to trial by jury and was tried before the Court. His only defenses are that the military authorities failed to make a decision as to his medical acceptability, required by 50 U.S.C. App. § 454(a),1 before ordering him to submit to induction, and, alternatively, that there was no basis in fact in the record for a decision that he was medically acceptable. The government argues that a decision supported by facts in the…