Legal Opinion

United States v. Burlich

District Court, S.D. New York

Decided July 26, 1966No. 66 Cr. 387PublishedCited by 72 opinions

1Opinion of the Court

WEINFELD, District Judge.

The defendant, charged with willful refusal to submit to induction into military service, 1 waived trial by jury pursuant to Rule 23 of the Federal Rules of Criminal Procedure. Upon conclusion of the trial the court reserved decision on the defendant’s motion for a judgment of acquittal.

The essential fact that the defendant refused to take one step forward when he reported for induction on February 7, 1966 at the Armed Forces Induction Center in this district, after his acceptability for military service had been determined, is not in dispute. The case is somewhat…

2Cases cited18 opinions

  1. Estep v. United StatesSupreme Court of the United States · 1946
  2. Dickinson v. United StatesSupreme Court of the United States · 1953
  3. Falbo v. United StatesSupreme Court of the United States · 1944
  4. Knox v. United StatesCourt of Appeals for the Ninth Circuit · 1952
  5. United States v. Wilbur Leroy RansomCourt of Appeals for the Seventh Circuit · 1955

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3Cited by72 opinions

  1. Mulloy v. United StatesSupreme Court of the United States · 1970
  2. Clinton Roy Petrie v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  3. United States v. David Arthur GeareyCourt of Appeals for the Second Circuit · 1967
  4. United States v. William E. TurnerCourt of Appeals for the Third Circuit · 1970
  5. United States v. John William PowersCourt of Appeals for the First Circuit · 1969

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