Edward K. K. Kaohelaulii v. United States

Edward K. K. Kaohelaulii, appellant, was charged in an indictment on March 23, 1965, by the grand jury of the District Court for the District of Hawaii with violating 50 App. U.S.C. § 462. The indictment charged—

The defendant entered a plea of not guilty and after a trial by jury during which he was represented by counsel, was found guilty as charged in the indictment. The district court suspended the imposition of sentence and appellant was placed on probation for a period of two years under certain terms and conditions. He filed a timely appeal to this court and was permitted to proceed in forma pauperis and the district court entered an order appointing counsel for him. This court has jurisdiction under 28 U.S.C. § 1291 .

The record shows that appellant was a native Hawaiian born on January 28, 1938. He attended the Kamehameha High School in Honolulu from January 28, 1952, to June 3, 1956, and thereafter he attended Oregon State College for four years. He became 18 years of age on January 28, 1956. He did not register with his local draft board until October 15, 1964. Shortly thereafter he was interviewed at his place of employment by an FBI agent. This agent advised…