Nussbaum

MEMORANDUM OF DECISION

This is a criminal action for violation of the Selective Service Act, Title 50 App. U.S.C. § 462 (refusal to submit to induction into the Armed Forces of the United States) and the defendant has been found guilty after trial before the court, a jury having been waived.

One of the issues raised by defendant in the pending case is that a local board member whose vote was necessary to constitute a quorum at the meeting classifying him as 1-A, resided in the county in which the board was constituted but did not reside in the particular area of the county over which the board had jurisdiction and, that it was practicable that such a resident of the county could have been appointed. It has been so stipulated in the case.

It has been held in this district that non-residence of a local board member within the particular area over which a board has jurisdiction is a matter affecting the jurisdiction of the board, so far as that member is concerned, and that this question of jurisdiction may be raised by any registrant affected thereby in criminal proceedings charging failure or refusal to report for induction.

After careful consideration of these rulings this…