United States v. Robert King Johnson

Johnson appeals from his conviction of refusing to be inducted into the Armed Forces, 50 U.S.C.App. § 462(a).

On November 25, 1969, the local board issued an order to Johnson to report for induction on December 9, 1969. He did not report. On December 9, the board received from Johnson a Current Information Questionnaire (form SSS 127) that had been sent to him on October 23, 1968, together with a note stating that “the reason I was not at Depot at 6 A. M. was I injury [sic] my right arm and I will bring my Doctor paper tomorrow.”

The note also stated that Johnson was on probation. On January 15, 1970, the board sent Johnson an order to report for armed forces physical examination on January 26, 1970. He did not do so. On January 21, 1970, the board received from Johnson a notice stating that he was on probation and giving the name and address of his probation officer.

Nothing more happened until July 15, 1970, almost five months later. On that day the board sent Johnson another current information questionnaire and a form letter inquiring as to his probation. These were returned on July 29. They stated that Johnson was on probation but not in custody. On November 9, 1970, the…