Legal Opinion

United States v. Frank Michael Garrity, Jr.

Court of Appeals for the Eighth Circuit

Decided December 8, 1970No. 20118PublishedCited by 8 opinions

1Opinion of the Court

GIBSON, Circuit Judge.

The defendant Frank Michael Garrity, Jr., was convicted in a jury trial for failing to comply with an order to report for and submit to induction in the Armed Forces of the United States in violation of 50 U.S.C. App. § 462. A sentence of five years imprisonment was imposed. On appeal he contends his induction order was erroneous and void, the trial court erred on evidentiary matters and on instructions, and the Vietnam War is illegal.

Aside from the political question raised as to the legality of the draft and the current war operations in Vietnam and elsewhere,…

2Cases cited22 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. United States v. SissonSupreme Court of the United States · 1970
  4. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  5. Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Egnal v. CommissionerUnited States Tax Court · 1975
  2. State v. CharlesMissouri Court of Appeals · 1976
  3. United States v. Charles Thomas StewartCourt of Appeals for the First Circuit · 1973
  4. United States v. DolingerDistrict Court, S.D. New York · 1974
  5. United States v. MurrayDistrict Court, D. Minnesota · 1971

3 more not listed; retrieve them via the Exa API.

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