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UNITED STATES v. AULL

No. 71 Cr. 509.

341 F.Supp. 389 (1972)

UNITED STATES of America, v. Robert Edwin AULL, Defendant.

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

April 20, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, New York City, for United States of America; George E. Wilson, Sp. Asst. U. S. Atty., of counsel.

Kunstler, Kunstler & Hyman, New York City, for defendant; Steven J. Hyman, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The defendant, charged with willful refusal to submit to induction into the Armed Forces,1 waived trial by jury. Upon conclusion of the trial, the court granted the defendant's request for leave to submit briefs and reserved decision on his motion for judgment of acquittal.

The essential fact that the defendant intentionally and willfully refused to take the symbolic one step forward...

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