Jack Kalpakoff v. United States

Kalpakoff was indicted for refusing to report for induction as required by the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. Like the appellant in Mason v. United States, 9 Cir., 1954, 218 F.2d 375 . Kalpakoff, after being ordered to report for induction, failed to do so and this prosecution followed.

As in the case of Mason, Kalpakoff first contends that there was no proof that a valid order to report for induction had been issued. The record here shows that after appellant had been placed in Class I-A, as eligible for unlimited military service, by both his local Selective Service board and the appeal board, and after he had been notified by his local board of this classification, he was ordered to report for induction. This order was dated May 27, 1952; it directed him to report at the Armed Forces induction station at a stated address in Los Angeles at 8 A.M. on the 10th day of June, 1952. The duplicate of this order in the Selective Service file, which is executed on a printed form, SSS Form 252, is not signed. Below the blank line provided for signature appears the printed words: “Member of Local Board”. Kalpakoff, on May 28, 1952, the day…