United States v. Bruce Scott Beckett

Beckett appeals from a conviction for refusal to submit to induction in violation of 50 U.S.C. App. § 462. He challenges the validity of his conviction on several grounds. We find it necessary to consider only one of his contentions.

The Government’s case was based entirely on Beckett’s Selective Service file. After the Government rested, Beckett moved for a judgment of acquittal on the ground that the evidence was insufficient to sustain a finding that he was medically qualified for. service. The Selective Service file contained a certificate of medical acceptability. It also contains medical records showing that he had a history of allergic reaction to insect bites or stings, and a notation by the Army’s examining physician that Beckett had a “generalized dermal reaction to bee sting — ND.” Beckett testified to a conversation with the examining physician in which Beckett’s allergy was discussed. He said that the physician told him that an allergic reaction was irrelevant under the draft law unless it was a localized reaction; a generalized reaction was not exempting.

Among the causes for rejection for appointment, enlistment, and induction listed by Army Regulation 40-501,…