Legal Opinion
United States v. St. Clair
District Court, E.D. New York
Decided November 20, 1968No. 68-CR-77PublishedCited by 52 opinions
1Opinion of the Court
OPINION AND ORDER
WEINSTEIN, District Judge.
This criminal prosecution for refusal to submit to induction (50 U.S.C.App. § 462(a)) presents the narrow but spiny question of whether there is revealed in the defendant’s Selective Service record any “basis in fact” for denying his request for classification as a conscientious objector. 50 U.S.C.App. § 460(b) (3); Estep v. United States, 327 U.S. 114, 122-123, 66 S.Ct. 423, 90 L.Ed. 567 (1946). Since our answer is no, the indictment must be dismissed.
In July, 1965, shortly after his eighteenth birthday, defendant registered with his Local Board,…
2Cases cited32 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- United States v. SeegerSupreme Court of the United States · 1965
- Estep v. United StatesSupreme Court of the United States · 1946
- Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
27 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- United States v. Lonnie Leroy HaughtonCourt of Appeals for the Ninth Circuit · 1969
- United States v. John Douglas BroylesCourt of Appeals for the Fourth Circuit · 1970
- John E. Bates v. Commander, First Coast Guard DistrictCourt of Appeals for the First Circuit · 1969
- United States v. Philip Archie LemmensCourt of Appeals for the Seventh Circuit · 1970
- United States v. Claude James, Jr.Court of Appeals for the Fourth Circuit · 1969
47 more not listed; retrieve them via the Exa API.