Bulger
United States v. Bulger
Opinion
lead Opinion
Nichol, J.
MEMORANDUM DECISION
Richard Michael Bulger was tried before this Court for willfully and knowingly failing, neglecting and refusing to submit to induction into the Armed Forces of the United States in violation of the provisions of 50 U.S.C.A. App. Sec. 462. Upon the conclusion of the evidence and defendant’s motion for judgment of acquittal, this Court took the case under advisement. This decision is rendered in compliance with the provisions of Rule 23(c) of the Federal Rules of Criminal Procedure.
Bulger registered with his local board in 1963 g.t the age of 18. He was classified II-S until August 5, 1969, when he was reclassified I-A. 1 He filed a timely appeal.
On October 8, 1969, the registrant submitted to a pre-induction physical examination. During the examination he was advised to send to the local board additional information from his private physician relating to his alleged knee condition. Following the examination and a routine check of defendant’s civil offenses, the registrant was found acceptable for induction on November 24, 1969. There is nothing in the file to indicate that the defendant-registrant was given an opportunity to complete a security…