United States v. Edmund Herman Rothfelder

WEICK, Circuit Judge.

The Government has appealed under authority of 18 U.S.C. § 3731, as amended January 2, 1971, from the judgment of the District Court granting the defendant’s pretrial motion to dismiss the indictment which charged him with wil-fully failing to comply with an order of his Local Board to report for induction, in violation of 50 U.S.C. App. § 462. In passing upon the motion to dismiss, the Court, 338 F.Supp. 1164, considered the evidence in the Selective Service file, which disclosed the following facts:

On October 15, 1969, when the Local Board had received notice that…