David Leroy Daniels v. United States
Opinion
Opinion
Hamley, J.
David Leroy Daniels, classified in the Selective Service System as a conscientious objector opposed to combatant or non-combatant service in the Armed Forces, failed to obey an order of his local board to appear before it for assignment to a place of civilian employment in lieu of induction. He was indicted for having knowingly failed to report to the board, in violation of section 12(a) of the Universal Military Training and Service Act (Act), 62 Stat. 622 (1948), 50 U.S.C., Appendix, § 462(a) (1964). After a non-jury trial, Daniels was convicted and sentenced, and takes this appeal.
The material facts are not in dispute. On November 10; 1960, Daniels registered in Fresno County, California, with Local Board 68 of the Selective Service System (Board). In his classification questionnaire, filed on October 9, 1963, Daniels stated that he was ordained to the ministry of Jehovah’s Witnesses on July 30, 1958. Since that time, Daniels stated, he has been associated with the Kerman, California congregation of Jehovah’s Witnesses. He further stated that it was his goal to become a full-time “pioneer” of Jehovah’s Witnesses. A pioneer, Daniels explained, is one who devotes at least one…