United States v. John Albert Spade

Following trial to the Court, William T. Beeks, C. J., appellant was convicted for refusing to submit to induction in violation of 50 U.S.C. App. § 462, and 32 C.F.R. § 1632.14 .

BACKGROUND

Appellant registered with Local Board No. 29, Port Angeles, Washington, on March 9, 1965. In completing his Form 100, CLASSIFICATION QUESTIONNAIRE, appellant did not claim exemption under Series VIII, CONSCIENTIOUS OBJECTION. On March 17, 1965, he was classified I-S, and maintained his student deferment, eventually a II-S classification, until November 15, 1967, when he was placed in class I-A.

He appealed this classification, but requested no personal appearance. On January 17, 1968, appellant was retained in class I-A by the State Appeal Board.

On February 21, 1968, after having been physically examined, appellant was placed in class I-Y (qualified for military service only in time of war or national emergency). After re-examina tion in August, 1968, appellant was placed in class I-A on August 21, 1968; and on August 22, 1968, he was notified of his right to appeal. On August 28, 1968, he requested, by letter, an appointment with the Appeal Agent. On September 4, 1968, appellant’s mother…