United States v. Charles Keith Hardman

This is an appeal from a conviction and sentence for refusing to submit to induction in violation of 50 U.S.C. App. § 462. Appellant reported for induction on September 23, 1969. After refusing to submit to induction, he presented a statement of conscientious objection to service in the armed forces. On October 2, 1969, he requested a Special Form for Conscientious Objector and thereafter filed it with his local board on November 10, 1969. At no time prior to his refusal to submit to induction had appellant indicated that he might be a conscientious objector.

The record does not show whether appellant’s conscientious beliefs matured prior to receipt of his notice of induction or whether they occurred thereafter. If they matured prior to his notice of induction, then this is a late claim controlled by Dugdale v. United States (9 Cir. 1968) 389 F.2d 482 , and cases cited therein. Accord, United States v. Kanner (9 Cir. 1969) 416 F.2d 522 ; United States v. Cralle (9 Cir. 1969) 415 F.2d 1065 .

If they matured after his notice of induction, the case is controlled by Palmer v. United States (9 Cir. 1968) 401 F.2d 226 , holding that “Classification functions of the local Board cease…