United States v. Barry Williams Griglio

COFFIN, Chief Judge.

Appellant Barry Griglio was convicted of failure to submit to induction in violation of 50 U.S.C. App. § 462. The facts were not in dispute. Appellant relied on the order-of-call defense, asserting that his local board had called him ahead of older registrants who were improperly by-passed, in violation of 32 C.F.R. § 1631.7. United States v. Griglio, 334 F.Supp. 1283 (D.Mass.1971). We have previously recognized the order-of-call defense and attempted to describe its proper administration. Yates v. United States, [Yates I], 404 F.2d 462 (1st Cir. 1968); Yates v. United…