William Alan Callison v. United States

Following a non jury trial appellant was found guilty of refusal to submit to induction into the Armed Forces of the United States in violation of 50 App.U. S.C. § 462(a). He has taken this appeal from judgment.

1. Refusal to Submit

The principal question presented is whether appellant can, under the peculiar facts of this case, be charged with refusal to submit to induction. His “refusal” consisted of his disobedience of an order of the officer in charge of induction, as a consequence of which he was, prior to being processed, arrested and removed from the induction center by the police. He contends that the disobeyed order violated his First Amendment rights; that accordingly he cannot be charged with disobedience or its consequences.

32 C.F.R. § 1637.14 provides in part: “(b) Upon reporting for induction, it shall be the duty of the registrant * * * (3) to appear at the place where his induction will be accomplished, (4) to obey the orders of the representatives of the Armed Forces while at the place where his induction will be accomplished, (5) to submit to induction * * *.”

Appellant was ordered to report for induction at the Armed Forces Examining and Induction Station…