United States v. Kenneth Dale Carpenter

BREITENSTEIN, Circuit Judge.

After trial to the court without a jury, defendant-appellant was found guilty of refusing induction into the United States Armed Forces in violation of 50 U.S.C. App. § 462. On this appeal he asserts that his claim of conscientious objector exemption was improperly denied.

Defendant registered with his Local Board in 1965 and was classified II-S until July, 1969, when he was placed in the I-A group. He was ordered to report for induction in January, 1969, and refused induction. He was indicted and tried for this offense and was acquitted because of administrative…