Joe Mike Ayers v. United States

Ayers was convicted of a failure to report for induction into the military service in accordance with the order of a local board. The criminal case was tried before a judge of the United States District Court, sitting without a jury by consent. The question decided therefore was one of fact. The judge found upon the facts that defendant was guilty. The proceeding was not a review of the record before the Selective Service Board. Such records only enter the case as evidence to show that appropriate notice was given to defendant to report. Defendant had two witnesses, himself and another, who testified in the case. Upon appeal there is no transcript of record, so we do not know what either of the witnesses said in the District Court.

The Selective Service record was stipulated to and admitted in evidence. Upon the basis of this record, defendant Ayers now asks reversal of the conviction. This record showed that Ayers registered under the Selective Service system and came up before Local Board No. 140, San Diego County. On July 11, 1950, he was classified by the Local Board in Class 1-A and notified of that action. Shortly thereafter, he sent a letter to the Board appealing his…

(dissenting).

Whether the appellant was properly given his 1-A classification, or whether he received due process from the selective service boards, is dependent upon the regularity of what transpired before the local board. The fact that the proceedings before the appeal board may have been regular and in accordance with the applicable regulations, does not, under the circumstances here, aid the position of the Government for this case is. governed by the rule stated in Knox v. United States, 9 Cir., 200 F.2d 398 . In that case, this court, distinguishing the fact situation which obtained in Tyrrell v. United States, 9 Cir., 200 F.2d 8 , and in other similar eases where the action of the appeal board was said to have corrected or cured certain irregularities on the part of the local board, said, 200 F.2d at page 402: “Classification by the local board is an indispensable step in the process of induction. The registrant is entitled to have his claims considered and acted upon by these local bodies the membership of which is composed of residents of his own community. An underlying concept of the Selective Service System is that those subject to call for service in the armed…

240 F.2d 802 Joe Mike AYERS, Appellant, v. UNITED STATES of America, Appellee. No. 14646. United States Court of Appeals Ninth Circuit. November 9, 1956. Writ of Certiorari Denied February 25, 1957. See 77 S.Ct. 563 . COPYRIGHT MATERIAL OMITTED Elliott & Murray, William L. Murray, Santa Ana, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Louis Lee Abbott, Richard L. Sullivan, Asst. U. S. Attys., Los Angeles, Cal., for appellee. Before POPE, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 Ayers was convicted of a failure to report for induction into the military service in accordance with the order of a local board. The criminal case was tried before a judge of the United States District Court, sitting without a jury by consent. The question decided therefore was one of fact. The judge found upon the facts that defendant was guilty. The proceeding was not a review of the record before the Selective Service Board. Such records only enter the case as evidence to show that appropriate notice was given to defendant to report. Defendant had two witnesses, himself and another, who testified in the case. Upon appeal there is no transcript of record, so we do…