Carlin Constantine Venus v. United States
Opinion
Opinion
Fee, J.
Venus was indicted for knowingly failing to report for induction into the armed forces of the United States in violation of 50 U.S.C.A.Appendix, § 462(a).
Venus registered with Local Board No. 140, in San Diego County, California, on September 15, 1948. There is no need to review the episodes previous to the order here charged, except to note that defendant claimed to be a conscientious objector and on one occasion, before the series of incidents upon which the current indictment was based, obeyed an order to report for induction but refused to be inducted. After that, at a time when his file was out of the possession of the Local Board, defendant, according to his testimony at the trial, mailed a postal card in February, 1955, giving a change of address from Modesto to San Diego to the Board. No such postal card ever got into the file of the Board. On July 11, 1955, the file of defendant was returned to the Local Board. The Local Board ordered defendant to report for induction on November 8, 1955. This order was sent to the last address of defendant shown in the file of the Local Board. This was in Modesto, California. Defendant did not report on November 8, 1955. At no time…