United States v. Thorn

CASSIBRY, District Judge:

The defendant, Earl Thorn, has been indicted under the Selective Service Act, 50 U.S.C. App. § 462, for failure to report for civilian work in lieu of induction into the armed forces. Defendant has filed a motion to dismiss the indictment alleging the unconstitutionality of the provisions of the Act with whose violation he is charged.

Specifically, defendant makes the following contentions in support of his motion to dismiss: (1) That portion of the Selective Service Act requiring alternate civilian work in lieu of military induction, 50 U.S.C. App. § 456(j), is…