United States v. Mark Claude McKinley

HAMLIN, Circuit Judge.

Appellant McKinley was convicted of refusing to submit for induction into the armed services in violation of 50 U.S.C. App. § 462. Appellant appeals in forma pauperis, and we affirm.

The facts surrounding appellant’s refusal are uncontroverted: On December 16, 1968, appellant was classifed 1-A by his local board. At a subsequent pre-in-duction physical, he was found acceptable. On November 7, 1969, appellant’s local board mailed him a Current Information Questionnaire (SSS Form 127), and he was instructed to fill it out and return it to the board. In the part of that…