Roy Vernon Shaw v. United States

Statement of the Case

The indictment, returned on February 5, 1958, charged that the appellant, duly registered with the Local Board at Bakersfield, California, was classified I-O; that he was ordered to report “for civilian work contributing to the mantenance of the National Health, Safety, and Interest, at the Los Angeles County Department of Charities, on September 24, 1957”; and at that time he knowingly failed and neglected to report for civilian work in lieu of induction into the Armed Forces of the United States.

He was tried without a jury before Judge Jertberg, was found guilty, and was sentenced to ninety days imprisonment. From that judgment, the present appeal was taken.

The indictment was brought under 50 U.S.C.A.Appendix, § 462. (As printed in the Transcript, the Section is erroneously given as 562).

The appellant is a Jehovah’s Witness “minister”.

The Appellant’s Arguments

1. The appellant presented new evidence of such a nature that his classification should have been reopened.

2. The Board violated its procedural regulations in the manner in which it handled the problem.

3. The Local Board was required to reopen. Instead, it took no action whatsoever upon…