United States v. Joseph Alan Schmall

Appellant was convicted of refusing induction in violation of 50 U.S.C. App. § 462. He seeks reversal on two grounds.

1. The regulations provide that “A local board of three or more members shall be appointed . . ..” 32 C.F.R. § 1604.52(a). It is stipulated that only two of the normal complement of three members had been appointed to appellant’s local board when his claim for student deferment was rejected and he was classified I-A. Since both members joined in the action, however, appellant can suggest no prejudice. Cf. United States v. Gasca, 449 F.2d 1288 (9th Cir. 1971); United States v.…