United States v. Jenkins

Respondent Jenkins was indicted and charged with violating § 12 (a) of the Military Selective Service Act, 62 Stat. 622, as amended, 50 U. S. C. App. § 462 (a), for “knowingly refusing and failing to submit to induction into the armed forces of the United States.” App. 3. After a bench trial, the District Court “dismissed” the indictment and “discharged” the respondent. 349 F. Supp. 1068, 1073 (EDNY 1972). The Government sought to appeal this ruling pursuant to 18 U. S. C. § 3731,1 but the *360Court of Appeals for the Second Circuit dismissed the appeal “for lack of jurisdiction on the ground…