United States v. Dalton Earl Weaver

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

Weaver’s contention that the order to report for induction was invalid because it was issued by the clerk of his Local Board rather than by the Local Board itself has already been decided to the contrary by this court:

See also, United States v. Baker, 416 F.2d 202 (9 Cir. Sept. 17, 1969); United States v. Doran, 418 F.2d 1226 (9 Cir. Nov. 10, 1969).

Weaver next contends that he was improperly denied classification as a conscientious objector. The burden of showing that he is entitled to that classification is, of course, upon him. Salamy v. United States, 379 F.2d 838, 842 (10 Cir. 1967). In his claim, Weaver did but acknowledge the existence of a supreme being and stated that he is opposed to killing fellow human beings. He offered nothing to indicate that his opposition to violence was related to his belief in a supreme being or was founded on beliefs qualifying under the Seeger standard. United States v. Seeger, 380 U.S. 163 , 85 S.Ct. 850 , 13 L.Ed.2d 733 (1965). He therefore failed to make out a prima facie case for conscientious…