Tyrrell

Robert Russell Tyrrell, a native-born citizen of the United States, 22 years of age, and a registrant under the Selective Service System, appeals from a judgment of conviction in the District Court for the Northern District of California after trial by jury therein upon an indictment charging him with the violation of Section 12(a) of the Selective Service Act of 1948, 50 U.S.C.A.Appendix, § 462(a).

The specific accusatory act for which the appellant was indicted and adjudged guilty was that he, having been duly classified in Class I-A, and having been duly ordered by his draft board to an induction station and having been forwarded thereto, did knowingly refuse to submit himself to induction and be inducted into the armed forces of the United States as provided in such Selective Service Act and the rules and regulations made pursuant thereto.

There being no question under the record that the registrant Tyrrell knowingly refused to be inducted into the armed forces of the Nation when he, under orders, reached the induction station at Fort Ord, California, his appeal from the judgment of the District Court is determinable under the limited scope of judicial review in considering…