United States v. John Galen Prichard

Appellant, John Galen Prichard, was convicted, following a non jury trial in the District Court for the Central District of California, for a violation of 50 U.S.C. App. § 462 (Refusal to be Inducted into the Armed Forces). He is presently on bail.

This court has jurisdiction to review the conviction under 28 U.S.C. § 1291 .

In January 1966 appellant was classified I-A-0 (Conscientiously opposed to combatant service) pursuant to his request for such a classification and the customary submission of a SSS Form 150. For the next year and a half his classification alternated from I-A-0 to II-S (Student) to II-A (Occupational), his classification always being I-A-0 when he was not in school or a Peace Corps trainee. None of the classifications was appealed from.

On June 30, 1967, the board received a request from appellant for another SSS Form 150. It promptly mailed the form to him with instructions to return it on or before July 15. The form was received by the board on July 17, bearing appellant’s signature as of July 14, but it had not been filled out except on the line claiming complete exemption from military service (Class I-O) instead of exemption only from combatant…