United States v. Simpson

EDWARD P. MURPHY, District Judge.

This is a “motion for nonsuit”, which shall be treated as a motion for acquittal, under Rule 29 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. The case came on before the court sitting without a jury, the defendant having waived a jury trial.

Homer Leroy Simpson is indicted for failing to comply with the order of his draft board, under the provisions of 50 U.S.C.A.Appendix, § 462(a). There is no dispute about the relevant facts, which are as follows:

Simpson is classified as “I-O”, or a conscientious objector, and no issue is made here with respect to…