Bill William Prohoroff v. United States

Good Law
259 F.2d 694
United States Court of Appeals for the Ninth CircuitNovember 21, 195815911California992 words

Opinion

Opinion

Bowen, J.

This is an appeal by appellant Pro-horoff, a Selective Training and Service Act (50 U.S.C.A.Appendix, § 451 et seq.) registrant, from the judgment and 6-months jail sentence imposed against him by the District Court sitting without a jury in a trial for appellant’s willful failure to report for induction into the Armed Forces as required by Local Draft Board 71, Fresno County, California, pursuant to grand jury indictment under § 462 of that Act.

As justification for such failure to so report, appellant claims to be a conscientious objector.

Appellant objects to Draft Board 71’s jurisdiction over him which he contends was not established because certain exhibits relied upon by appellee to prove appellant’s address was within the exterior boundaries of that Board were not sufficiently authenticated for admission in evidence. But we find the record amply justifies the District Court’s findings and ruling that “We do have the fact that * * * Mrs. Ford has been employed as coordinator of the four Boards since 1948 [the year they were organized], and these documents without question are documents within the office of the Board. They have been certainly acted upon as being genuine…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.