United States v. Eugene Sanger Daniell, III

Defendant appeals from a conviction for admitted refusal to be inducted into the armed forces, asserting that his draft board failed to consider his claim to be classified as a conscientious objector: The draft board in fact did not consider the claim, the form not having been received until after defendant had been called upon to take the step forward, and had refused.

The background facts are these. After defendant had passed his physical, and the prospect of induction was close, he notified his board that he wished to file a conscientious objector claim. The board promptly sent him a form,…