Lawrence Monroe Haven v. United States

Appellant, convicted and sentenced for failure to report for civilian work as a conscientious objector in lieu of induction into the military service, has assigned as errors on appeal (1) the registrant’s selective service file was incompetent evidence; (2) counsel was required to be appointed at an earlier stage of the defense; and (3) a prima facie showing of illegal composition of the draft board was made and was not controverted.

Precedent unequivocally supports the rule that the registrant’s selective service file, properly authenticated, is competent evidence in a criminal prosecution for violation of the Universal Military Training and Service Act. “The point is completely without merit. (Cf. Rule 27, Federal Rules of Criminal Procedure; and Rule 44(a), Federal Rules of Civil Procedure.) Both this circuit and others have authorized the introduction into evidence of duly authenticated copies of the registrant’s Selective Service files. La Porte v. United States, 300 F.2d 878 (9th Cir. 1962); Yaich v. United States, 283 F.2d 613 (9th Cir. 1960); Kariakin v. United States, 261 F.2d 263 (9th Cir. 1958); Olender v. United States, 210 F.2d 795 (9th Cir. 1954); United States v.…