United States v. James Francis McFadden

On December 3, 1969, a federal grand jury at San Francisco, California, returned an indictment in one count charging defendant with the willful refusal to submit to induction on May 20, 1969, in violation of Title 50 Appendix, United States Code, Section 462(a). Following the entry of a not guilty plea on December 15, 1969, the defendant waived his right to a jury trial and his case was set for trial on January 30, 1970.

Before the government presented its case in chief, defendant moved to dismiss the indictment on the ground, among others, that the statute denies due process and equal protection to a selective service conscientious objector. The court requested that the government proceed with its case before determining the merits of defendant s motion to dismiss. The government waived an opening statement and moved that a certified and exemplified copy of defendant’s selective service file be admitted into evidence. The file was admitted. In addition, the parties stipulated that the transcript in a companion civil case be admitted into evidence. The government then rested its case.

Defendant then renewed his motion to dismiss the indictment. Following a discussion between the…