United States v. Batson

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

This is a jury-waived Jehovah Witness conscientious objector Selective Service case. It is submitted on the stipulation of the parties which establishes that the defendant did not report for induction after receipt of an order which, if valid, required that he do so. The only other relevant evidence before the Court is defendant’s Selective Service file.

The government initially resisted a motion to dismiss the indictment on the theory that (a) the defendant had not made a prima facie case to be classified as a conscientious objector and (b)…