United States v. Bobby Gene Perdue

425 F.2d 1092, 1970 U.S. App. LEXIS 9305

Opinions

PER CURIAM:

Defendant’s conviction for failing to submit to induction into the Armed Forces of the United States must be reversed.

When defendant registered with his local board he claimed to be a conscientious objector exempt from both combatant and noncombatant service in the Armed Forces. Initially classified I-A, he was reclassified I-A-0; and when he appealed the latter urging that he be classified I-O, he was returned to a I-A classification without explanation of the reason for the action. Our examination of the data defendant submitted in support of his claim satisfies us that defendant presented a prima facie case for classification in I-O.

Because of the local board’s failure to disclose the basis for its action, defendant’s conviction for failure to report pursuant to the classification of I-A cannot stand. United States v. Broyles, 423 F.2d 1299 (4 Cir. 1970); United States v. James, 417 F.2d 826 (4 Cir. 1969). In view of our conclusion that defendant is entitled to a judgment of acquittal, we need not consider his other assignments of error.

Reversed.