United States v. Donald Charles Jenson

Appellant appeals his conviction for refusing to submit to induction in viola tion of 50 App.U.S.C. § 462 (1968). We affirm.

I

On February 7, 1969, the board ordered appellant to report for induction on February 19. The date of induction was postponed several times at appellant’s request.

On July 8,1969, the board issued a further order referring to the induction order of February 7 and fixing a new reporting date of July 23. This order was returned to the local board unopened. Appellant was traveling in Europe and had left no forwarding address.

On August 25, 1969, the local board referred appellant’s file to the United States Attorney for prosecution. On November 25 the United States Attorney filed a complaint before the United States Commissioner charging appellant with failure to comply with the order of July 8. Appellant was arraigned on this complaint on December 2, 1969. On that day, immediately following the arraignment, a military representative of the local board served appellant with an order advising appellant of his continuing duty to report for induction under the original order of February 7 and directing him to report for induction December 8, 1969. Appellant…