United States v. Spencer

MEMORANDUM OPINION AND ORDER

JOHN W. REYNOLDS, Chief Judge.

This is a selective service case in which the defendant, Paul DeWitt Spencer, is charged by indictment with willfully and knowingly failing to report for induction into the armed services in violation of § 462, Title 50 Appendix, United States Code. Defendant has entered a plea of not guilty. This matter is presently before the court on defendant’s motion for directed acquittal or, in the alternative, to dismiss the indictment. Defendant’s motion for directed acquittal is granted.

The facts in this case are essentially as follows: On…