UNITED STATES v. STEWART

Crim. No. 42821.

306 F.Supp. 29 (1969)

UNITED STATES of America, Plaintiff, v. Robert Springer STEWART, Defendant.

United States District Court N. D. California.

Appeal Dismissed February 13, 1970.


Attorney(s) appearing for the Case

Jerrold M. Ladar, Asst. U. S. Atty., Chief of Criminal Division, and David P. Bancroft, Asst. U. S. Atty., for plaintiff.

Phillip B. Ziegler, Berkeley, Calif., for defendant.


Appeal Dismissed February 13, 1970. See 90 S.Ct. 810.

ORDER GRANTING MOTION TO DISMISS INDICTMENT

PECKHAM, District Judge.

Defendant is being prosecuted for refusal to submit to induction into the Armed Forces of the United States, a violation of 50 U.S.C. App. § 462. A pretrial conference was held pursuant to F. R.Crim.P. 17.1, and at that conference the Defendant made a motion to dismiss pursuant to F.R.Crim.P. 12.

The facts, which...

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