UNITED STATES v. HOLBY

No. 71 Cr. 507.

345 F.Supp. 639 (1972)

UNITED STATES of America, Plaintiff, v. Leland Laird HOLBY, Defendant.

United States District Court, S. D. New York.

June 29, 1972.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, by George E. Wilson, Asst. U. S. Atty., New York City, for the United States.

New York Civil Liberties Union, by Marvin M. Karpatkin, and Barry Satlow, New York City, for defendant.


CANNELLA, District Judge.

The defendant's motion for a judgment of acquittal, made pursuant to Rule 29 of the Federal Rules of Criminal Pro-

On May 12, 1971, a one-count indictment was filed charging the defendant with refusing to submit to induction in violation of 50 U.S.C. App. § 462(a).1 On May 24, 1971, the defendant pleaded not guilty, thereby placing in issue each material element in the indictment. In addition, the...

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