United States v. William Roger Retallick

Appellant was convicted of refusing to be inducted into the armed services (50 U.S.C. App. § 462(a)).

The facts in this case are that although appellant-registrant was originally ordered to report for induction in Philadelphia on April 17, 1968, he had made a timely application for transfer to a Las Vegas Board because he had moved there to live; that his request for transfer was granted, and that appellant was thereafter and on April 22, 1968, ordered to report for induction at Las Vegas on April 29, 1968; that he failed to appear; that on April 30, 1968, he reported to Las Vegas Board No. 2 that he did not appear on the previous day because his car had broken down; that on May 3, 1968, he was ordered by Las Vegas Board No. 2 to report on May 13, 1968, at Las Vegas for induction; that he reported for induction on May 14, 1968, in Los Angeles, California, but there and then refused to be inducted.

Appellant alleges two errors on this appeal. The first is that there is no evidence defendant failed to report for induction at Las Vegas.

We first note that this defense was not raised below, hence we are not required to consider it on appeal, in the absence of plain error. Cf.…