Richard William Boyd v. United States

This is an appeal from a judgment of conviction for knowingly failing and refusing to be inducted into the armed forces in violation of 50 U.S.C.A.Appendix, § 462. The conviction resulted in a one year sentence in prison. The district court had jurisdiction by virtue of 18 U.S.C. § 3231 . Timely notice of appeal having been filed, this Court has jurisdiction on appeal. 28 U.S.C. § 1291 , and Rules 37 and 39 of Fed.R.Crim.P., 18 U.S.C.

Appellant registered with his local Selective Service Board (hereinafter called the Board) early in 1953. He later returned his Classification Questionnaire to the Board, indicating that he was not a minister and did not claim to be a conscientious objector. In June 1953 he notified the Board of change of address. He was classified I-A in August 1953. In April 1957, appellant was ordered to report for a preinduction physical examination by letter sent to his new and last reported address. When this was returned as “unknown at address,” the Board made several attempts to locate him at his original, his new, and his brother’s address, all of which attempts were unsuccessful. Finally, on September 5, 1957, appellant was notified by letter sent to his…