Legal Opinion

United States v. Smith

District Court, S.D. New York

Decided September 11, 1969No. 69 CR. 99PublishedCited by 7 opinions

1Opinion of the Court

Memorandum Opinion

MOTLEY, District Judge.

Defendant was classified by his local draft board as a conscientious objector on June 14, 1966. He is charged in a one-count indictment filed February 3, 1969, with the offense of unlawfully and knowingly refusing to report to his local board for instructions to proceed to his assigned place of civilian work, in lieu of regular military service. 50 App. U.S.C. § 462(a); 32 C.F.R. 1660.30 The court finds defendant not guilty, as charged, for failure of the government to prove beyond a reasonable doubt that defendant knowingly, and with the requisite…

2Cases cited10 opinions

  1. United States v. George Anderson Bowen, Jr.Court of Appeals for the Third Circuit · 1969
  2. United States v. Arnold G. SandbankCourt of Appeals for the Second Circuit · 1969
  3. William Gardam & Son v. BattersonNew York Court of Appeals · 1910
  4. United States v. HoffmanCourt of Appeals for the Second Circuit · 1943
  5. David Seymour Graves v. United StatesCourt of Appeals for the Ninth Circuit · 1958

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3Cited by7 opinions

  1. United States v. Alfred Lee SimmonsCourt of Appeals for the Ninth Circuit · 1973
  2. United States v. Lamount Maurice BelgraveCourt of Appeals for the Third Circuit · 1973
  3. United States v. FreemanDistrict Court, E.D. Wisconsin · 1975
  4. United States v. William Calvin Slater, Jr.Court of Appeals for the Fifth Circuit · 1975
  5. Donahue v. O'ConnorDistrict Court, E.D. Wisconsin · 1975

2 more not listed; retrieve them via the Exa API.

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