United States v. Stephen R. Evans

Evans was indicted for violation of the Universal Military Training and Service Act, 50 App. U.S.C. § 462, for his refusal to be inducted. He waived jury, was convicted and appeals. We affirm.

Evans’ opening brief raised two basic contentions:

(1) The order to report for induction was invalid; but if on the other hand, the order was valid, he had no continuing duty to report.

(2) Evans’ constitutional rights were violated in the denial of his requests to have an attorney present and to call witnesses at his hearing before the draft board.

New counsel filed Evans’ reply brief and raised an additional contention, that Evans submitted a prima facie ease for a 1-0 classification and the board should have so classified him.

I

THERE WAS A VALID ORDER TO REPORT FOR INDUCTION AND REGISTRANT WAS UNDER A CONTINUING DUTY TO REPORT.

The Selective Service file received in evidence below shows that Evans was originally ordered to report for induction October 26, 1966. Prior thereto on August 22, 1966, he had been ordered to report for a physical examination. A Statement of Acceptability (DD Form 62) dated September 2, 1966, finding him fully acceptable for induction, was mailed to him on…