United States v. Norman Francis Lewis

This is an appeal from a conviction for willfully and knowingly refusing induction into the armed forces. 50 U.S. C. App. § 462.

Appellant contends that under the applicable statute he was entitled to a I-S deferment as a matter of right because he received his induction notice while he was a full-time student. The applicable statute provides: “Any person who while satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution is ordered to report for induction * * * shall, upon the facts being presented to the local board, be deferred (A) until the end of such academic year, or (B) until he ceases satisfactorily to pursue such course of instruction * * *” 50 U. S.C. App. § 456 (i) (2). See 32 C.F.R. § 1622.15 .

The record discloses that appellant terminated his studies the same day his induction order was issued and mailed by his local board. He testified that he abandoned his studies because he received the induction order. The court, as trier of fact, was not required to believe his testimony. It seems unlikely that he received his induction order the day it was mailed. The court may well have concluded that when the induction order…