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UNITED STATES v. BURLICH

No. 66 Cr. 387.

257 F.Supp. 906 (1966)

UNITED STATES of America, v. William Henry BURLICH, Jr., Defendant.

United States District Court S. D. New York.

July 26, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, New York City, for the United States. Paul K. Rooney, Asst. U. S. Atty., of counsel.

Anthony F. Marra, New York City, for defendant. Bernard Moldow, New York City, of counsel.

WEINFELD, District Judge.

The defendant, charged with willful refusal to submit to induction into military service,1 waived trial by jury pursuant to Rule 23 of the Federal Rules of Criminal Procedure. Upon conclusion of the trial the court reserved decision on the defendant's motion for a judgment of acquittal.

The essential fact that the defendant refused to take one step forward when he reported for induction on February 7,...

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