United States v. O'ROURKE

GURFEIN, District Judge.

The defendant was indicted under Title 50 Appendix, U.S.C. § 462(a), and 32 C.F.R. § 1632.14, for refusing to submit to induction into the armed forces of the United States. He moves to dismiss the indictment pursuant to Rule 12(b) (1) of the Federal Rules of Criminal Procedure upon the ground that “there are defenses capable of determination without the trial of the general issue.” 1 The specific ground for the motion is that defendant’s Selective Service file demonstrates that he was illegally denied conscientious objector status.

The facts, set out in the following…