United States v. Ward

DECISION AND ORDER DISMISSING INDICTMENT

SAMUEL P. KING, District Judge.

Defendant Stephen Bowles Ward moves to dismiss an indictment charging him with failure, neglect and refusal to be inducted into the Armed Forces in violation of 50 U.S.C. App. § 462. Defendant contends that under the applicable statute he was entitled to a I-S deferment as a matter of right because he received his induction notice while he was a full time student. He also alleges that because the local board erred in not granting him a I-S deferment,- he was denied the right to have his file reopened for consideration of…