United States v. Carl Duncan Stout

WINTER, Circuit Judge:

Because his local board’s order to report and submit to induction was invalid by reason of the board’s refusal to consider whether defendant should be classified as a conscientious objector, we reverse defendant’s conviction for failure to submit to induction in violation of 50 U.S.C.A. App. § 462.

To the extent pertinent, Carl Duncan Stout’s selective service file shows that, in 1965 and 1966, he was granted II-S (educational) deferments. Late in 1966, he was reclassified I-A and ordered to report for a physical examination. The date of the examination was delayed until…