United States v. Francis David Wenzel

This is an appeal from a judgment of the district court finding defendant (herein “appellant”) in violation of the Selective Service Act of 1967, 50 U.S.C. App. § 462, for refusing to submit to induction, and sentencing him to imprisonment for three years. Our appellate jurisdiction is founded upon 28 U.S.C. § 1291 .

At trial the only evidence introduced was Government’s Exhibit No. 1, a certified copy of the appellant’s Selective Service file. The primary facts pertinent to this appeal are readily stated.

Appellant was classified I-A by his local board on December 12, 1966, and was mailed on June 20, 1967 an order to report for induction on July 5, 1967. On June 23, 1967, however, appellant sought from his local board a special form for conscientious objectors (“Form 150”). The form, after modification by the clerk of the board, was given to appellant with instructions to complete it and bring it back to the office on or before June 28, 1967.

The board received the completed form on June 28 and appellant’s induction was thereafter postponed; nevertheless, on July 11, 1967 appellant was advised that the facts presented in the form did not warrant the reopening or…