United States v. Robert Allen Shunk

Robert Allen Shunk appeals from his conviction under 50 U.S.C. App. § 462, for refusing to submit to induction into the armed services.

Defendant argues that the trial court erred in upholding the Government’s objections to questions asked of defendant’s medical expert concerning defendant’s asserted drug addiction at the time he was ordered to report for induction.

Defendant presented his fitness contentions to the doctors who conducted his initial selective service examination and those who gave him the required physical inspection at the time he was ordered to report for induction. On both occasions he was found physically acceptable.

There being no indication of arbitrary action or deficiency in prescribed procedure in connection with the described examination and subsequent inspection, the record provides a basis in fact for the determination that defendant was physically fit to be inducted. See Vasilj v. United States, 425 F.2d 1134 (9th Cir. 1970).

Absent some highly unusual circumstance, not present here, this left no room for further inquiry at the trial concerning defendant’s physical fitness to be inducted. Where an inductee believes he is not physically fit for…