United States v. Stuart Blackburn Perry

A one-count indictment charged defendant-appellant with violating 50 App. U.S.C. § 462(a) by failing to report for induction into the armed services. A jury found him guilty. The court sentenced him to five years imprisonment, and he appeals. We agree that the judgment must be reversed and the case remanded for a new trial but disagree as to the reasons therefor.

The controversy centers around the Selective Service Regulation, which appears at 32 C.F.R. § 1641.3, and reads:

“It shall be the duty of each registrant to keep his local board advised at all times of the address where mail will reach…