United States v. Richard Carl Smith

EUGENE A. WRIGHT, Circuit Judge:

Richard Carl Smith appeals his conviction for refusing induction into the Armed Services in violation of 50 U.S.C. App. § 462(a). We affirm.

On April 22, 1969, Smith’s local board sent him an order to report for induction on May 14, 1969. He reported but refused to submit for induction.

Smith’s principal contention on appeal is that the order to report was invalid because it was issued in violation of the order of call regulations, 32 C.F.R. § 1631.7. Pursuant to that defense, he placed in question the files of 33 registrants of his local board, all of whom were…