United States v. Robert Wilson More

Robert Wilson More appeals his conviction for refusing induction into the armed forces. 50 U.S.C. App. § 462. We affirm.

Appellant had been classified I-A-0 by his local board. On May 15, 1969, he received an order to report for induction on June 17, 1969. On May 27, after receipt of the order, be requested an opportunity to present new information to the board which he álleged entitled him to re-classification as a conscientious objector. The board agreed to postpone his induction and granted him a personal hearing on June 18,1969.

Following the interview, the local board mailed him a form letter indicating that there had not been a change in his circumstances over which he had no control, as required by 32 C.F.R. § 1625.2 , in order to justify re-opening classification following an order to report for induction. More was then ordered to report for induction on August 12.

The August induction date was postponed at More’s request. He was ultimately ordered to report on October 21, 1969 at which time he reported but refused to submit for induction.

Appellant’s principal contention on appeal is that the local board in fact re-opened his classification when it granted his request…