Dick Lee Evans v. United States

Following a trial to the court, a jury having been waived, appellant was convicted of violating the Universal Military Training and Service Act, (hereinafter referred to as “the Act”), by knowingly failing and neglecting to submit to induction into the armed forces of the United States.

In the year 1951, appellant registered at Local Board No. 115, Downey, California, pursuant to the selective service laws of the United States. Subsequently, in his questionnaire and in a special form filed by him, he claimed classification as a conscientious objector. On February 13, 1952, appellant was classified in Class I-A (available for military service), whereupon, by letter, he appealed from the I-A classification. In due course, appellant’s file was forwarded to the appeal board and that board referred appellant’s case to the Department of Justice for inquiry, hearing, and recommendation under § 6(j) of the Act, 50 U.S.C.A.Appendix, § 456(j). An investigation and report was made by the Federal Bureau of Investigation, appellant was given a hearing before a hearing officer, and a recommendation that appellant’s conscientious objector claim be not sustained was made by the Department of…