United States v. Steven Kenneth Howells

Appellant was indicted, tried and convicted in a non-jury trial for violation of 50 U.S.C. App. § 462 [refusing to submit to induction into the Armed Services]. He assigns two errors. We find the assignments without merit and affirm.

FACTUAL BACKGROUND

On November 18, 1968, appellant’s local board in Ohio ordered him to report for induction on the following December 5th. He requested that his induction be transferred to California and was then ordered to report for induction in Oakland on January 9, 1969. He reported, but refused to submit to induction.

Although called upon by the State Director to deliver only 356 registrants during the twelve months preceding appellant’s induction order, his local board, in fact, delivered 455 registrants. For December, 1968, the call on appellant’s board was for five registrants, yet, six were delivered. On November 25, 1968, his local board prepared a delivery list of its registrants who had been ordered to report for induction on December 5th. Appellant was listed as number two. It is agreed that appellant should have been listed fourth on the list. During this period, the Ohio appeal board reviewed those other files sent to it from…