United States v. Bender

FINDING OF GUILT

DEVITT, Chief Judge.

This defendant, a 25 year old grade school teacher, is charged by indictment with failing to comply with an order of his local Selective Service Board to report for and submit to induction. The matter was tried to the court with jury waived on January 27, 1972. The facts involved are summarized in Judge Earl R. Larson’s Memorandum of November 9, 1971 denying defendant’s motion to dismiss the indictment.

Defendant raises three defenses. Defendant first claims that the board should have reopened his classification upon the receipt of his SSS Form 150, “Special…