David Seymour Graves v. United States

Graves appeals from a judgment of conviction of having knowingly failed and neglected to report for induction into the armed forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A. Appendix, § 462.

The indictment charged that the defendant was subject to the provisions of the Act and to selective service thereunder ; that he was classified IA and ordered to report for induction on October 13, 1955, in San Bernardino County, California, “and at said time and place the defendant did knowingly fail and neglect to perform a duty required of him under said act and the regulations promulgated thereunder in that he then and there knowingly failed and neglected to report for induction into the armed forces of the United States as so notified and ordered to do.” Following a verdict of guilty the defendant was sentenced to serve a term of imprisonment of a year and a day.

Appellant has specified a number of errors including the giving and refusing of certain instructions and the refusal of the court to hear his claim that his IA classification was without basis in fact. Because of the conclusions which we reach in this case we find it…