United States v. Leland Laird Holby

FREDERICK van PELT BRYAN, District Judge:

Leland Laird Holby appeals from a judgment of conviction for knowing, wilful and unlawful refusal to submit to induction in the armed forces of the United States, in violation of 50 U.S.C. App. § 462(a). The judgment was entered in the Southern District of New York, after trial to the Court without a jury.

The District Court found that Holby had knowingly failed to exhaust his administrative remedies under the Military Selective Service Act. It held that he was, therefore, barred from asserting his defenses on the merits that the order of induction was…