United States v. Witmer

MURPHY, District Judge.

Defendant found guilty by a jury of wilfully refusing to submit to induction into the armed forces of the United States,1 moves for judgment of acquittal. The record consists of the Selective Service file,2 testimony of the clerk of the local board and of an army officer; the latter as to the refusal to be inducted. Defendant did not testify or offer any independent testimony on his behalf.

A valid order to report for includes the duty to submit to induction. See Billings v. Truesdell, 321 U.S. 542 at page 557, 64 S.Ct. 737, 88 L.Ed. 917. While not disputing the refusal…