United States v. Fred Lyman Cralle

Appellant by court trial was convicted of refusing to be inducted into the armed forces of the United States. He was sentenced to a term of three years, and appeals. We affirm.

Appellant raises five issues:

(1) Did the local Board deprive appellant of due process of law by requiring him to fill out the conscientious objector form at the counter of the Board?

(2) Did the Executive Secretary of the Board deny due process to the appellant by purportedly telling him he could have a hearing?

(3) Was the original order for induction effective even if unsigned?

(4) Was appellant entitled to a personal appearance before the Board?

(5) Is the classification questionnaire unconstitutional, and does the regulation directing registrants to complete it, violate due process of law?

This is another case of a “late” claim for classification as a conscientious objector. Appellant registered with the local board on February 3, 1966. On April 1, 1966, the Board received a completed classification questionnaire from the appellant. He did not sign Series VIII relating to a claim of conscientious objection.

On July 11, he was classified 1-A by the Board and notified of the classification. He…