United States v. Gary Robert Bammann

Appellant, a conscientious objector, was convicted for refusing to comply with an order of his local board to report for civilian work in lieu of indue tion into the Armed Forces. 50 U.S.C. App. § 462. He contends that the Government failed to prove that the local board had ordered him to report because, according to the agreed statement of facts upon which the case was tried, “no order directing registrant to report was made by the Local Board at that time i. e. when the board met, interviewed appellant and, after he did not accept any of the civilian work offered, determined that work as an institutional helper with the Los Angeles County Department of Charities was both appropriate and available. The board had forwarded its choice of civilian work assignment to the National Director pursuant to 32 C.F.R. § 1660.20 (d), and, upon approval thereof being secured, a clerk of the local board had filled out and mailed to appellant the Order to Report for Civilian Work.

In United States v. Stark, 418 F.2d 901 (9th Cir. 1969), this court en banc held that

We hold that the Government did prove that an “implicit” order was issued by the board when it determined the appropriate work and…