United States v. Paul Eric Stom

Appellant was indicted and, after waiver of a jury trial, was convicted by the court for violation of 50 U.S.C.App. § 462, refusing to submit to induction into the Armed Forces. Various errors are asserted. We affirm.

ADEQUACY OF FINDINGS

Although the court could have been more specific in its findings, we have no difficulty in holding that it resolved each of appellant’s complaints against his contentions.

IMPLIED POSTPONEMENT OF INDUCTION

Here, appellant contends that the issuance of Form 150 on February 6, 1969, granted him 30 days to complete and return the form and thus constituted an implied postponement of his order to report for induction on February 19, 1969. He fails to mention a letter attached to the form which advised him that the board was required to issue the Form 150, but that it had to be returned no later than February 14, 1969. Also militating against the appellant’s contention is the fact that on February 7th, he was personally advised to report for induction on February 19th. Manifestly, the thirty day period imprinted on the face of Form 150 was expressly modified by the attached letter. In this factual background, there is no implied postponement of the…