United States v. Joseph Louis Sowul

Appellant was indicted, tried and convicted in a jury trial of violation of 50 U.S.C.App. § 462, refusing to submit to induction.

FACTS

After registration with his local board on February 23, 1965, the appellant was classified I-A on January 5, 1967, and given his physical examination on December 8th of the same year. On December 22nd, he was sent a notice of acceptability. On the 26th of the same month, the local board received a letter from appellant’s mother stating that she was on welfare and that she was in need of his assistance. On the same day, the board sent appellant a dependency questionnaire which was never returned. The board reviewed the file on January 4, 1968, and declined to reopen the classification. On January 13, 1970, the classification was reopened and appellant was again classified I-A. He was then ordered to report for induction on April 28th. On the following day, the local board received a letter from appellant requesting a I-Y classification. On May 13, 1970, the local board was advised that appellant had not reported on April 28th, as ordered, but had reported on April 29th and at that time refused induction.

ISSUES

(1) In United States v. More, 436…