United States v. Rodwell

ORDER DENYING MOTION FOR JUDGMENT OF ACQUITTAL

ZIRPOLI, District Judge.

This is a prosecution for refusal to submit to induction in violation of 50 U.S.C. App. § 462(a). The defendant’s sole argument in support of his motion for judgment of acquittal is that the failure of the local board actually to receive certain medical records from the Armed Forces Entrance and Examining Station vitiates the order to report for induction. Simply stated, the defendant’s premises are, first, that receipt by the local board of a registrant’s audiogram card and chest x-ray film is prerequisite to issuance of a…