Richard Glenn Keene v. United States

MURRAH, Circuit Judge.

This is an appeal from a judgment and sentence on a conviction for refusal to submit to induction into the armed forces in violation of Section 462(a), Title 50 U.S.C.A.Appendix. Foremost, the judgment and sentence are said to be void because the government failed to prove the essential jurisdictional fact that appellant was legally classified I-A as a prerequisite to induction into the armed forces. The precise point is the failure to prove the indispensable factum of a quorum of appellant’s draft board when his I-A classification was determined.

There is some authority…