United States v. Gilbert Joseph De Liso

Following a bench trial, jury having been waived, appellant, De Liso, was found guilty of violation of 50 U.S.C. App. § 462(a) for refusal to submit to induction in the Armed Services.

In 1965, De Liso was, upon registration, initially classified I-A and found physically acceptable for induction. He subsequently applied for and was granted a series of student deferments under a II-S classification. Upon a determination by the local board that the registrant was no longer eligible for the student classification, he was, on July 14, 1970, once more classified as I-A. No appeal was taken from this classification determination by the local board. On September 21, 1970, De Liso was ordered to report on October 28, 1970, for induction. At this time some 32 months had elapsed since the original pre-induction physical.

Appellant reported on October 28, 1970, as ordered, to the induction center, where he submitted several letters from physicians indicating a potential existence of emotional or psychiatric problems. He also affirmatively answered a query regarding a history of treatment for syphilis.

It is unclear from the record as to the extent of the physical examination afforded…