United States v. Daniel Owen Lloyd

Lloyd was convicted of refusing to submit to induction into the Armed Forces in violation of 50 U.S.C.App. § 462 and he appeals. He raises a number of questions, each of which we consider separately.

Trial solely on the Selective Service File — Right to Confronta-tation. 1.

The charge was refusal to submit to induction, having been ordered to report for induction and having reported as ordered and been found qualified. (50 U.S.C.App. § 462.)

The trial court instructed the jury that the only questions for it to decide were whether Lloyd “failed to submit for induction into the Armed Forces of the United States, after he had reported as ordered by the Local Board,” and whether “the omission or failure to submit was wilfully and knowingly done.”

The only evidence offered by the government was a certified and authenticated copy of Lloyd’s Selective Service file. No witness testified for the government. The court received the file in evidence as Exhibit 1, and the government rested. Lloyd’s counsel objected on the grounds (1) that the procedure violated his right, under the Sixth Amendment, to confront and cross-examine his accusers, and (2) that the documents constitute hearsay.…