United States v. Lawrence Wendt

The appellant, Wendt, having been indicted for wilfully and knowingly refusing to submit to induction in violation of the Selective Service Act of 1967, was tried and found guilty on March 12, 1971, in the United States District Court for the Northern District of California. On April 9, 1971, that Court sentenced Wendt to three years probation with two years of that time to be spent in alternate civilian work of national importance. Wendt has appealed to this Court from the judgment of the District Court.

On December 18, 1967, Selective Service sent to appellant a notice by mail directing him to report on January 2, 1968, for his Armed Forces Physical Examination. That direction was modified and he was, on April 15, 1968, given a complete physical examination and was found to be fully qualified, at that time, for induction into the Armed Forces. Selective Service on May 9, 1968, mailed to appellant a formal statement that he had been found acceptable.

The Evidence of Refusal to Submit to Induction

On February 11, 1969, appellant’s Local Selective Service Board received a letter from the appellant inquiring about the status of an appeal from his classification which appeal had…