Feuer
Feuer v. United States
Opinion
Opinion
Healy, J.
Appellant, a registrant under the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., was charged and convicted of a violation of the Act in that he knowingly failed to report for induction when ordered so to do.
Appellant claims to be a conscientious objector although he laid no claim to that status at the time of filing his questionnaire or at any other time prior to being ordered to report. In summary, his file shows the following: In October 1950 he was classified 1-A by his local board, was so notified, and was shortly ordered to report for physical examination. In January 1951 he was duly informed that he had been found physically acceptable. Shortly afterwards he was given a deferred classification as a student and thereafter received repeated deferments as such. In March of 1952 the local board was notified by Reed College at Portland, Oregon, where appellant had been attending school, that he was no longer a student. He was thereupon, on March 20, 1952 reclassified 1-A and was so notified. He took no appeal from the classification. On May 6, 1952, an order was mailed to him directing him to report for induction on May 19,1952. This order he…