Vincent Joseph O'COnnOr v. United States

Appellant was convicted by a jury of wilful failure to report for and perform alternative civilian service in violation of 50 U.S.C. Appendix § 462; and was sentenced to three years imprisonment. We affirm.

Appellant was classified 1-0 by his local board. On January 10, 1966 he was ordered to report to his local board to be given instructions to proceed to the Los Angeles Department of Charities and to remain in such employment for twenty- four months. He failed and refused to comply, and an indictment followed.

Appellant contends on appeal, (1) that the alternate service provisions of the Selective Service law requiring civilian work are unconstitutional; (2) that the trial court should have permitted him to introduce opinion testimony as to the relationship between the alternate service program and morale and discipline in the armed forces; and (3) that he should have been permitted to offer evidence that the Selective Service System program as to deferments is improperly administered.

An unbroken line of cases have held the law constitutional. It does not violate the constitutional provisions against involuntary servitude. Selective Draft Law Cases, Arver v. United States et…