Kenneth Gerald Storey, Jr. v. United States

Good Law
370 F.2d 255
United States Court of Appeals for the Ninth CircuitJanuary 26, 196720932California5,019 words

Opinion

Opinion

Pope, J.

The above named appellant was convicted in the court below of having refused to submit to induction into the armed forces of the United States, an offense defined in Title 50 U.S.C. App. § 462. He was sentenced to imprisonment for a term of years from which judgment he appeals.

The appellant registered with his local board of the Selective Service System on February 4, 1958. At that time he was employed by the Boeing Airplane Company at Seattle in making drawings for ground support equipment for minuteman missiles. Occasionally thereafter he kept the local board informed of his continued employment by that company in the performance of similar duties having to do with the missile program. He continued that employment until November, 1963, when he transferred to work on unarmed transport planes. He finally quit Boeing about March 31, 1964.

On July 7, 1958, following the filing of his selective service questionnaire, he was classified by the board in Class 1-A, (available for military service). At that time no claim relating to conscientious objection to military service had been made.

A little more than three years later appellant was ordered to report for an armed forces…

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