UNITED STATES v. POCZIK

Crim. No. 1971-189.

362 F.Supp. 101 (1973)

UNITED STATES of America, Plaintiff, v. Charles William POCZIK, Defendant.

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

August 7, 1973.


Attorney(s) appearing for the Case

John T. Elfvin, U. S. Atty., Buffalo, N. Y. (Richard Arcara, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for the Government.

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Carmin R. Putrino, Buffalo, N. Y., of counsel), for defendant.


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...

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