United States v. Peter Arthur Fox

Appellant Pox was convicted for failure to .report for induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We reverse.

Fox was declared delinquent by his Selective Service Board on July 10, 1969, for his failure to appear for preinduetion physical examinations as ordered on four separate occasions. On July 28, 1969, Fox was ordered to report for induction on August 19, 1969, which he failed to do. He likewise failed to respond to two subsequent letters instructing him to report for induction based on his continuing duty to report under the original order, the last time on October 12, 1970. His indictment rested on his failure to appear on that date.

At trial, the government offered evidence from which it sought to show that Fox’s induction order was not accelerated by the declaration of delinquency. The pertinent date for determining whether acceleration occurred is August 19, 1969. United States v. Lane, 9 Cir., 1971, 442 F.2d 415 ; United States v. Dobie, 4 Cir., 1971, 444 F.2d 417, 421 . The government relied upon the August, 1969 delivery list, the July and June lists, and a list showing the birthdates of all registrants born in 1949, of whom Fox was one of…