United States v. Kirschke

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

On April 14, 1969, defendant refused to comply with an order to report for induction into the armed forces, and was subsequently indicted for refusing to perform a duty required of him by the Military Selective Service Act of 1967, 50 U.S.C. App. § 462. Before the Court are defendant’s motions to dismiss the indictment and for a continuance to permit him to appeal his Selective Service classification.

I

Defendant moves to dismiss the indictment on two grounds. First, defendant argues that the Military Selective Service Act as applied to him violates…