Cornelious Lockhart v. United States

This appeal follows appellant’s conviction for having refused to submit to induction under the Universal Military Training and Service Act, 50 U.S.C. App. *1144 § 462. Our jurisdiction is conferred by 28 U.S.C. §§ 1291 ,1294.

Shortly after his eighteenth birthday, Lockhart registered with the Selective Service System at Local Board No. 121 (“the board”) in Los Angeles, California. 1 As the time for induction of registrants in the appellant’s age-group approached, 2 the board mailed Lockhart a Classification Questionnaire, SSS Form No. 100. In this form, which he immediately completed and returned, Lockhart indicated that he was a conscientious objector and requested a special form, SSS Form No. 150, 3 in which he might more fully describe his beliefs. The board immediately sent this special form to Lockhart; however, the Selective Service file discloses that the form was never returned. Shortly thereafter, on October 2, 1964, Lockhart’s board classified him I-A, available for military service. When informing Lockhart of this classification, the board explained that should he question the validity of the classification, he had a right to a personal appearance before the board, or…

joins (dissenting).

Defendant was classified I-A by his local Selective Service board and ordered to report for induction. He reported but refused induction because of his religious beliefs. He was indicted under 50 U.S.C. App. § 462, tried to the court, convicted, and sentenced to three years’ imprisonment.

Defendant asserted at trial that the local board’s action in classifying him I-A and ordering him to report for induction was unlawful because there was “no basis in fact” for the board’s denial of his request for a conscientious objector classification. Estep v. United States, 327 U.S. 114, 122-123 , 66 S.Ct. 423 , 90 L.Ed. 567 (1946).

A copy of defendant’s Selective Service file was received in evidence. In his initial Classification Questionnaire he claimed to be a conscientious objector by reason of his religious training and belief, and stated that he was a student training for the ministry as a Jehovah’s Witness. He subsequently wrote the board, “I Cornelious Lockhart Jr., 4-121-44-248, would like a Consciencances re-jectee form (religiouges status), Corne-lious Lockhart.” He completed and filed SSS Form 150, signed the statement in the form which reads, “I am, by…

420 F.2d 1143 Cornelious LOCKHART, Appellant, v. UNITED STATES of America, Appellee. No. 21311. United States Court of Appeals Ninth Circuit, En Banc. Dec. 18, 1969. Rehearing Denied Jan. 16, 1970. J. B. Tietz (argued), Michael Hannon, Los Angeles, Cal., for appellant. Gabriel A. Gutierrez (argued), Craig B. Jorgenson (argued), Robert L. Brosio, Asst. U.S. Attys., Wm. Matthew Byrne, Jr., U.S. Atty., Los Angeles, Cal., for appellee. Before CHAMBERS, BARNES, HAMLEY, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, CARTER and HUFSTEDLER, Circuit Judges. ELY, Circuit Judge. 1 This appeal follows appellant's conviction for having refused to submit to induction under the Universal Military Training and Service Act, 50 U.S.C. App. 462. Our jurisdiction is conferred by 28 U.S.C. 1291, 1294. 2 Shortly after his eighteenth birthday, Lockhart registered with the Selective Service System at Local Board No. 121 ('the board') in Los Angeles, California. 1 As the time for induction of registrants in the appellant's age-group approached, 2 the board mailed Lockhart a Classification Questionnaire, SSS Form No. 100. In this form, which he immediately completed and returned, Lockhart indicated that he was…