Robert Cloyd Rusk v. United States

Good Law
419 F.2d 133·1969 U.S. App. LEXIS 9892
United States Court of Appeals for the Ninth CircuitNovember 28, 196923010California1,361 words

Opinion

Opinion

Browning, J.

Appellant was convicted of refusing to be inducted into the armed forces in violation of 50 U.S.C. App. § 462. We affirm.

Appellant registered with Local Board Nq. 118 in .Santa Rosa, California, but was permitted to complete his registration process in the nearby community of Petaluma, California, where he resided. He claimed exemption as a conscientious objector, and the local board sent him a Special Form for Conscientious Objection (SSS Form No. 150).

Appellant returned the blank SSS Form No. 150 on the day he received it, with a letter stating, “due to the nature of the questions [in the SSS Form No. 150] I do not feel that either the basis or the genuineness of my claim can be demonstrated.” He asked if there was an alternative means by which he could substantiate his claim. The clerk of the local board responded by advising appellant that “[u]nder present regulations, SSS Form No. 150 must be completed by a registrant claiming to be a Conscientious Objector.” The clerk returned the form to appellant and informed him that the board had agreed to allow him additional time to complete it.

Appellant again returned the form to the board uncompleted, accompanied by another…

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