United States v. John Raymond Jones

Appellant was convicted following jury trial of failure to report for induction into the armed forces.

On this appeal, his first contention is that he was called for induction out of order.

This challenge is directed to the call issued by the California State Director on the local boards of the state. The call to appellant’s board was for 13 men, but also, pursuant to state practice, stated* «* * * delinquents will be ordered for induction in addition to the number of men specified * * The board called 13 men (of whom appellant was No. 4), plus 2 delinquents— a total of 15 men. Appellant asserts that this was contrary to regulations fixing order of call. He argues that the numerical specification must, under the regulations, include the delinquents rather than be added to them. He calculates that during the time in which the present practice has been followed a total of around 40 men over and above the number specified in the calls of the State Director were ordered for induction by his board, that had this number been included within the number specified in this and previous calls he would never have been called at the time he was.

This contention was recently considered and…