Malone

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL AND FINDING DEFENDANT GUILTY

Defendant Leslie Robert Malone was indicted for refusal to submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C.App. § 462. His case was thereafter tried to the court without a jury, and the matter was taken under submission for decision by the court following briefing by the parties.

Defendant’s Selective Service File in evidence reveals the following pertinent facts. •

Defendant registered with his local board in San Jose, California, on February 14, 1968. On September 11, 1968, defendant was classified I-A. He thereafter applied for classification into II-S based upon his full-time attendance as a student at San Diego State College. On November 6, 1968, defendant’s local board received a student certificate from San Diego State College superseding an earlier form sent by the college which erroneously indicated that defendant was no longer enrolled there. On April 2, 1969, defendant was given a II-S classification, and on September 9, 1969, this classification was continued until September 30,1970.

By letter dated August 8, 1970, defendant…