United States v. Philpot

MEMORANDUM OPINION AND ORDER

JAMES R. MILLER, District Judge.

The defendant, Fred Allen Philpot, is now under a one count indictment for violating 50 U.S.C. App., § 462 by failing and refusing to comply with an order of his Local Board to submit to induction into the Armed Forces of the United States. A motion to dismiss has been filed by defendant on the ground, inter alia, defendant was entitled to an 1-0 (conscientious objector) classification, the Local Board’s denial of this classification being invalid and without a “basis in fact.” For the reasons stat*413ed below the motion to dismiss will…