United States v. Ciastko

DECISION ON DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL *

TIMBERS, Chief Judge.

I

Defendant’s motion for judgment of acquittal at the close of the government’s evidence, pursuant to Rule 29 (a), Fed.R.Crim.P., in this prosecution in which defendant is charged in a one count indictment with failure to submit to induction in violation of 50 U.S.C. App. § 462, raises the issue of the validity of the local board’s induction order of October 12, 1967 in view of defendant’s allegation that the local board did not properly consider his claim as a conscientious objector.

For reasons which I am going to…