James Rolland Francy v. United States

The appellant was indicted for knowingly failing and neglecting to report for induction into the Armed Forces of the United States when notified to do so, all in violation of the provisions of the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 451 et seq. He was convicted and appeals from the judgment of conviction.

Francy had been classified by the Selective Service appeal board after he had appealed from the action of his local board. It placed him in Class I-A-O, that is, as a conscientious objector exempt from combatant service, but subject to be assigned to noncombatant duties as defined in the Act. He was given a preinduction physical examination on February 19, 1951, and a certificate of acceptability was issued on that day. On June 20, 1952, he was ordered to report for induction which order directed him to appear at the Armed Forces Induction station at a stated address in Los Angeles, California, at 8 A.M. on the 10th day of July, 1952. It will be noted that the order to report followed his preinduction physical examination by more than one year.

Upon this appeal Francy attacks the classification given to him on the ground that it was without…