United States v. Arthur Sidney Hart

Arthur Sidney Hart appeals his conviction of failing to report for induction into the Armed Forces of the United States in violation of 50 U.S.C., App., § 462(a). We affirm.

He was classified I-A by his local draft board and, after two postponements initiated by the board, he was finally ordered to report for induction on July 16, 1968. Although he had received several questionnaires prior to his induction, he gave the draft board no indication that he was a conscientious objector or otherwise improperly classified as I-A.

Appellant unexplainedly failed to report for induction as ordered. Six days later the local board corresponded with him concerning his failure to report. On July 26, 1968, in response to this correspondence, appellant called his local board and stated that he was a Muslim and could not serve in the armed forces. Thereafter he reported to the local board and requested the necessary form to request re-classification as a conscientious objector. The board refused to supply him with the form on the ground that it could not do so since he had been ordered and failed to report for induction.

Appellant was the only witness at his trial before the district court…