Legal Opinion

Ory v. United States

Court of Appeals for the Fifth Circuit

Decided August 25, 1953No. 14426PublishedCited by 4 opinions

1Opinion of the Court

BORAH, Circuit Judge.

Appellant was convicted under the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, §§ 451-470, for knowingly failing to obey an order of his Selective Service local Board to be inducted into the armed forces of the United States.

He contends here that: (1) the Government’s case contained no competent and legal evidence that defendant was ever found physically and mentally fit and acceptable for military service, consequently, the order to report for induction was premature, invalid and null, and defendant was under no legal duty to obey said order, cither…

2Cases cited4 opinions

  1. Estep v. United StatesSupreme Court of the United States · 1946
  2. Cox v. United StatesSupreme Court of the United States · 1948
  3. United States Ex Rel. Hull v. StalterCourt of Appeals for the Seventh Circuit · 1945
  4. Neal v. United StatesCourt of Appeals for the Fifth Circuit · 1953

3Cited by4 opinions

  1. United States v. EdmistonDistrict Court, D. Nebraska · 1954
  2. United States v. PhillipsDistrict Court, N.D. West Virginia · 1956
  3. United States v. JasmagyDistrict Court, S.D. California · 1955
  4. United States v. MillerDistrict Court, N.D. West Virginia · 1956

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