Knox v. United States

Appellant was indicted for a violation of §T2 of the Selective Service Act of 1948, SO U.S.C.A. Appendix, § 462, by refusing to submit to induction into the armed forces. With his consent he was tried to the court without a jury and was adjudged guilty. One of the questions he raises on the appeal, and the only one we shall consider, is whether he was accorded his procedural rights in respect of being classified anew after a personal appearance before his local board.

The pertinent Selective Service Regulations in effect at the time are §§ 1624.1 and 1624.2. The first of these provides in part that “Every registrant, after his classification is determined by the local board * * , shall have an opportunity to appear in person before the member or members of the local board designated for the purpose if he files a written request therefor within 10 days after the local board has mailed a notice of classification (SSS Form No. 110) to him.” Section 1624.2(b), entitled “Appearance before local board,” states that at any such appearance the registrant may discuss his classification, may point out the class or classes in which he thinks he should have been placed, may direct attention…