UNITED STATES v. FLAKOWICZ

Cr. No. 39898.

55 F.Supp. 329 (1944)

UNITED STATES v. FLAKOWICZ.

District Court, E. D. New York.

May 24, 1944.


Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N.Y. (Matthew F. Fagan, Asst. U. S. Atty., of Brooklyn, N.Y., of counsel), for plaintiffs (opposed).

Hayden C. Covington, of Brooklyn, N.Y., for defendant (for the motion).


BYERS, District Judge.

Motion to quash indictment.

This is a Jehovah Witness case in which the motion to quash requires consideration only of the narrow question of whether the defendant may be prosecuted criminally for violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq., where his offense consists in having refused to obey an order of induction duly issued after he had submitted to the pre-induction physical...

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