William Thomas Fisher v. United States

Appellant was found guilty in a jury trial of failure to report for and submit to induction into the Armed Forces in violation of 50 U.S.C. (App.) § 462.

The indictment charged that the defendant “on or about the 23rd day of June, 1967, * * * willfully and knowingly did fail and neglect to perform a duty required of him” under the Universal Military Training and Service Act, as amended, in that “he did fail and neglect to comply with an order of his local board to report for and submit to induction into the Armed Forces of the United States”.

On April 17, 1964, appellant registered with the Selective Service System, Local Board No. 62, San Jose, California. He was classified II-S (student deferment) until September, 1966, when he was reclassified as I-A (available for military service). On December 15, 1966, he was ordered to report for a preinduction physical examination on December 28, 1966. He failed to report and a delinquency warning was mailed February 17, 1967. On April 5, 1967, appellant was declared delinquent by the local board.

Pursuant to 32 C.F.R. § 1631.7 providing for priority induction of delinquents, the local board on May 17, 1967, determined that appellant…