United States v. Poczik

CURTIN, District Judge.

This case is a prosecution for willful refusal to submit to induction into the Armed Forces, in violation of 50 App. U.S.C. § 462(a). By a “Motion to Dismiss Indictment”, the defendant Charles William Poczik has raised several defenses relating to his classification and processing. Because these defenses involve questions of law for the court rather than questions of fact for the jury, they are “capable of determination without the trial of the general issue”, Fed.R.Crim.P. 12(b)(1), and may be raised and considered before trial. See United States v. Ponto, 454 F.2d…