Simpson

This is a “motion for nonsuit”, which shall be treated as a motion for acquittal, under Rule 29 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. The case came on before the court sitting without a jury, the defendant having waived a jury trial.

Homer Leroy Simpson is indicted for failing to comply with the order of his draft board, under the provisions of 50 U.S.C.A.Appendix, § 462(a). There is no dispute about the relevant facts, which are as follows:

Simpson is classified as “I-O”, or a conscientious objector, and no issue is made here with respect to this classification. His sole defense is that the Selective Service board having jurisdiction over him has not complied with the requisite procedure for offering him civilian work in lieu of induction into the armed services. The record shows that on June 11, 1954, the defendant was notified by Local Board No. 37 City and County of San Francisco, that it had selected three places of employment at which it deemed it appropriate that he perform civilian work in lieu of induction, in accordance with CFR 32, Sec. 1660.20(b). On June 18, 1954, Simpson wrote to the Board, stating that he could not “conscientiously perform any of…