Robert Nolen Briggs v. United States

This is an appeal from a conviction and sentence to three years imprisonment after the appellant was found guilty of refusing to submit to induction into the armed forces in violation of 50 U.S.C. App. § 462.

The appellant completed his classification questionnaire and filed it with his local board on February 3, 1964. He was first given a student deferment. On August 19, 1965 he was reclassified I-A. He was then ordered to report for a physical examination on September 17, 1965. Upon examination he was certified as acceptable for military service.

On October 18, 1965 the board received a letter from appellant asking permission to travel out of the country. This request was denied. On October 27, 1965 the board mailed appellant an order to report for induction on November 9. Appellant then sent a telegram to the board advising that he was in Mexico and married and requesting an extension of his induction date. He was advised by the board on November 5, 1965 that his telegram had been received but that the facts presented did not warrant reopening or reclassification.

On November 8,1965 appellant’s mother requested the special form for conscientious objectors, SSS Form 150. The…