United States v. Dennis Warren McQueary

Appellant was convicted in a trial to the court for refusing induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462. He raises three points on appeal.

1. We are satisfied that the evidence was sufficient to permit the court to conclude beyond a reasonable doubt that appellant was properly notified of the action of the Board reclassifying him 1-A on August 23, 1966. The Selective Service file contained a notation that a notice of classification was mailed on August 29, 1966. Numerous other pieces of correspondence in the file bore appellant’s correct address.…