United States v. Patrick Donald Kelly

Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U. S.C. App. § 462(a). We reverse because the local board clerk’s failure to transmit to the local board members information in support of appellant’s high school deferment was prejudicial error amounting to a denial of procedural due process.

The facts are uncontroverted by either party. Appellant registered with Local Board No. 59 in Santa Cruz, California on November 25, 1968. A completed Current Information Questionnaire (SSS Form 100) was returned on May 12, 1969 and was…