William Alex Kariakin v. United States

Appellant was convicted of knowingly refusing and failing to report for induction in the armed forces of the United States (50 U.S.C.A.Appendix, § 462). Trial was had before a District Judge sitting without a jury.

Appellant thereafter gave notice of appeal and filed the following statement of points on appeal:

The evidence, which consists of the appellant’s Selective Service file of his local draft board, shows substantially the following facts.

In 1953, appellant, after being classified I-A, was ordered to report for induction in the armed forces. He refused to be inducted into the armed forces. Thereafter, an indictment was found by the Grand Jury against him, upon which he was tried before the District Court. On January 12, 1954, he was acquitted by the District Court by reason of a procedural error prior to his being ordered to report for induction.

The local draft board requested authority to reopen and reclassify the appellant, and permission so to do was granted in a letter dated February 15, 1954, from the Coodinator of District 5 acting “for the State Director”. Thereafter, he was classified I-A by the local board, took an appeal therefrom, was classified I-A by the…