United States v. Donald Dennis Porter

SCHNACKENBERG, Circuit Judge.

Donald Dennis Porter, defendant, has appealed from a judgment of the district court, based on a finding of guilty of the offense of failure to report for induction under 50 U.S.C.A.Appendix, § 462(a), as charged in an indictment.

In seeking a reversal of his conviction, he argues that he presented a prima facie case to his local draft board for a conscientious objector’s classification and that the agency file contains no evidence to rebut his claim and none exists. He also argues that he was deprived of any consideration by the local board of his claim and…