Legal Opinion
United States v. Lewis
Court of Appeals for the Fifth Circuit
Decided April 8, 1974No. 73-2694PublishedCited by 3 opinions
1Per curiam
Murphy Albert Lewis was indicted for failing to report for and submit to induction in the Armed Forces in violation of 50 U.S.C.A. App. § 462(a). After an evidentiary hearing held on May 29, 1973, the district court granted a motion to dismiss the indictment because the local board had postponed Mr. Lewis’ initial order to report for induction beyond the 120 day maximum permitted by 32 CRF § 1632.2(a). The Government now attempts to pursue an appeal from that district court'judgment.
Although the provisions of 18 U.S.C. § 37311 permit a Government appeal from an order dismissing an indictment,…
2Cases cited9 opinions
- United States v. BrewsterSupreme Court of the United States · 1972
- United States v. SissonSupreme Court of the United States · 1970
- United States v. Ronald S. JenkinsCourt of Appeals for the Second Circuit · 1973
- United States v. Richard Victor Ponto, United States of America v. Raymond J. GrochowskiCourt of Appeals for the Seventh Circuit · 1971
- United States v. Michael Stephen FindleyCourt of Appeals for the First Circuit · 1971
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3Cited by3 opinions
- United States v. Murphy Albert Lewis, No. 73-2694 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974
- United States v. Murphy Albert LewisCourt of Appeals for the Fifth Circuit · 1975
- United States v. GiddensCourt of Appeals for the Fifth Circuit · 1974