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Criminal Procedure Keyed to Ohlin
Serfass v. United States
Citation:420 U.S. 377 (1975)
Petitioner was ordered to report for induction on January 18, 1971. On December 1970, he requested the form for conscientious objectors, and after submitting the completed form to his local board, he requested an interview. A grand jury returned an indictment charging petitioner with willfully failing to report for and submit to induction into the Armed Forces, in violation of the federal statute. He pleaded not guilty and demanded a jury trial. Prior to the trial date, petitioner filed a motion to dismiss the indictment on the ground that the local board did not state adequate reasons for its refusal to reopen his file. Attached to the motion was an affidavit of petitioner stating merely that he had applied for conscientious objector status and that the local board’s letter was the only communication concerning his claim. At the same time, petitioner moved to postpone the trial for the reason that a motion to dismiss has been simultaneously filed and the expeditious administration of justice will be served best by considering the motion prior to trial.
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