Dean Ejnard Bjorson v. United States

1. Statement of the Case.

The appellant was indicted on May 1, 1958, for violation of Section 12(a) of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix § 462 (a), in that he knowingly refused to report to his Local Board to be given instructions to proceed to a place of employment for the purpose of doing civilian work contributing to the national health, safety, and interest. He pleaded not guilty, waived a jury trial, was found guilty by Judge Roche on August 7, 1958, and was sentenced to one year’s imprisonment on October 15, 1958. It was stipulated that the appellant failed to report to his Local Board on October 21, 1957, as ordered. This appeal is from that judgment of conviction.

Statement of Facts.

The appellant became eighteen years of age on May 2, 1950, and registered with his Local Board in Richmond, California, the same day. On May 11, 1951, he completed his classification questionnaire in which he indicated, inter alia, that he had been an ordained minister of Jehovah’s Witnesses since 1946; that he was then attending the Albany (California) Theocratic Ministry School; that he had no business or employment, “aside from Ministry”, and that he…