Pablo Elizarraraz v. United States

I dissent. Appellant’s conviction should be reversed.

*903The local board order directing appellant to report to the Austin State Hospital for civilian employment in lieu of military service is quoted in the margin.1 The charge against appellant is that he knowingly failed, neglected and refused “(1) to accept the employment available at the Austin State Hospital, and (2) to remain in said employment for a period of twenty-four consecutive months or for any period whatsoever,” pursuant to the order of the local board.

The appellant did not fail, refuse or neglect “to accept the employment…