Dit La Porte v. United States

Dit La Porte was convicted of a violation of 50 U.S.C.A.Appendix, § 462 for failure to perform a duty required of him by the Universal Military Training and Service Act. His appeal centers around the admission into evidence of copies of a document offered to prove the fact, recited in the document, that defendant had failed to report for civilian employment in lieu of military service, We hold that the document was properly received for the purpose indicated.

The indictment alleged that defendant was classified as a conscientious objector and ordered to report to the Los Angeles Department of Charities for civilian work contributing to the national health, safety and interest and that he knowingly failed to report as ordered, in violation of 50 U.S.C.A.Appendix, § 462. On trial to the Court, the government offered in evidence photostats of the defendant’s Selective Service System file. Defendant objected to the admission of one document in the file, identified as Selective Service Form 153. The government also introduced the Department of Charities’ file relating to defendant, authenticated by the testimony of Horace W. Hingston, Personnel Officer of that Department. This file…