Thomas Jerry Yeater v. United States

Appellant appeals his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App., Section 462.

The specifications of error are without merit. In the trial court, Appellant contended that there was no basis in fact for the I-A classification made by the Local Board because he was entitled to deferment for physical incapacity. He also suggested rather weakly that he was entitled to classification as a conscientious objector. He did not, in the trial court, assert entitlement to a dependency deferment as a defense.

Appellant did not appeal any of his I-A (available for military service) classifications through the appellate review channels of the Selective Service System. He is therefore precluded from claiming as a defense to a criminal prosecution, that there was no basis in fact for the classification. Evans v. United States, 9th Cir. 1958, 252 F.2d 509 ; Woo v. United States, 9th Cir. 1965, 350 F.2d 992 ; Greiff v. United States, 9th Cir. 1965, 348 F.2d 914 .

Further, the Selective Service file in evidence discloses ample basis in fact for the I-A classification on March 31, 1966, which was the predicate for the order to report for…