United States v. Clifford Grier

WISDOM, Circuit Judge:

This is an appeal in a selective service case from a conviction, in a trial before the court, without a jury, for the defendant’s failing to submit to induction. 50 U.S.C. App. § 462. Because of procedural defects in the local board’s handling of the reclassification of the defendant from II-S (student deferment) to I-A (available for induction), we reverse his conviction, and remand the case to the district court with instruction to dismiss the indictment.

Clifford Grier registered with Local Board 163 in Sylvester, Worth County, Georgia. The local board classified him…