Legal Opinion
United States v. Lemke
District Court, N.D. California
Decided December 23, 1969No. Crim. 42607PublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT
PECKHAM, District Judge.
Defendant Lemke moves to dismiss the indictment charging him with refusal to submit to induction in the armed forces of the United States (50 U.S.C.App. § 462) on the ground that the local draft board which denied his request for conscientious objector status, classified him 1-A and issued his induction order, was not properly constituted in accordance with 32 C.F.R. § 1604.52(c). This motion to dismiss is made on the authority of this Court’s holding in United States v. Beltran, 306 F.Supp. 385, dated July 11,…
2Cases cited24 opinions
- In Re GAULTSupreme Court of the United States · 1967
- McKart v. United StatesSupreme Court of the United States · 1969
- Harris v. NelsonSupreme Court of the United States · 1969
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- Cassius Marsellus Clay, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1968
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Ass'n of Greeting Card Publishers v. United States Postal ServiceCourt of Appeals for the D.C. Circuit · 1976
- United States v. Charles Laverne CabbageCourt of Appeals for the Sixth Circuit · 1970
- United States v. Joshua GrouppCourt of Appeals for the First Circuit · 1972
- United States v. GrouppDistrict Court, D. Maine · 1971
- United States v. WilliamsDistrict Court, E.D. Pennsylvania · 1970
4 more not listed; retrieve them via the Exa API.