United States v. Barry Lynn Daniel

This is an appeal from a judgment entered by the trial judge after finding appellant guilty of violating Title 50 App. U.S.C. § 462 (refusal to submit to induction).

The record shows that appellant registered with his Local Board on June 30, 1967 and was variously classified for student deferment until August 20, 1970, when he was finally classified I-A. On August 24, 1970, appellant obtained Form 150, Special Form for Conscientious Objectors, and returned the completed form to the board on September 30, 1970.

The Local Board reviewed defendant’s file on October 29, 1970 but retained appellant’s I-A classification. Appellant’s appeal to the State Board was denied and, after being ordered to report for induction on February 22, 1971, he refused to submit.

Appellant contends (1) that the trial court erred in holding there was a basis in fact for the Local Board’s and Appeal Board’s denial of his requested conscientious objector classification; (2) that the Appeal Board’s statement of reasons for affirming denial of appellant’s conscientious objector application fails to conform with the requirements of United States v. Haughton, 413 F.2d 736 (9th Cir. 1969).

In Form 150…