Legal Opinion

United States v. Brown

District Court, D. Delaware

Decided September 18, 1968No. Crim. A. 1846PublishedCited by 11 opinions

1Opinion of the Court

OPINION

STEEL, District Judge.

The indictment charges that defendant, in violation of 50 U.S.C. App. § 462 (1964), willfully and knowingly failed to comply with an order of his local draft board to report for and submit to induction into the Armed Forces. Defendant has pleaded not guilty.

The matter is before the Court for a pretrial determination whether the classification of defendant as I-A by the Local Board No. 4 was without any basis in fact to support it. The Government concedes that if no basis in fact existed, this is a valid defense to the present charge, Estep v. United States, 327…

2Cases cited8 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Estep v. United StatesSupreme Court of the United States · 1946
  3. Jesus M. Olvera v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  4. United States v. StilesCourt of Appeals for the Third Circuit · 1948
  5. Nick John Kaline v. United StatesCourt of Appeals for the Ninth Circuit · 1956

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Laufman v. Oakley Bldg. & Loan Co.District Court, S.D. Ohio · 1976
  2. United States v. Robert Warren CarrollCourt of Appeals for the Third Circuit · 1968
  3. United States v. David Marshall PenceCourt of Appeals for the Eighth Circuit · 1969
  4. Board of Education v. Department of Health, EducationDistrict Court, S.D. Ohio · 1975
  5. United States v. Lawrence Joseph Dell'annoCourt of Appeals for the Ninth Circuit · 1971

6 more not listed; retrieve them via the Exa API.

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