327 F.Supp. 945 (D.S.D. 1971), CR69-5, United States v. Joyce

Docket NºCR69-5S.
Citation327 F.Supp. 945
Party NameUNITED STATES of America, Plaintiff, v. Donald Sumner JOYCE, Defendant.
Case DateJune 21, 1971
CourtUnited States District Courts, 8th Circuit, United States District Courts. 8th Circuit. District of South Dakota

Page 945

327 F.Supp. 945 (D.S.D. 1971)

UNITED STATES of America, Plaintiff,

v.

Donald Sumner JOYCE, Defendant.

No. CR69-5S.

United States District Court, D. South Dakota, Southern Division.

June 21, 1971

Page 946

R. D. Hurd, Asst. U.S. Atty., Sioux Falls, S.D., for plaintiff.

John G. S. Flym, Cambridge, Mass., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Following a trial by jury Joyce was found guilty of failing to report for and submit to induction into the Armed Forces of the United States in violation of 50 App.U.S.C. 462. Ruling was reserved by this court on several motions for judgment of acquittal, a new trial, and dismissal of the indictment. These motions are now before this court for decision. In view of this court's findings only one of the grounds for judgment of acquittal will be considered.

On October 5, 1967, registrant's local board at Keene, New Hampshire, received a request for a II-A deferment for registrant from Francis Coelho,

Page 947

Chairman, Art Department, University of South Dakota. The request was made so that 'he (Joyce) can assume the responsibility of artist-teacher at the University of South Dakota as described by the enclosed contract copy'. The record reflects that although the appointment was for the 1967-1968 academic year, registrant was not to begin his duties as an assistant professor until after his scheduled completion of work toward a Master of Fine Arts degree on December 20, 1967. Prior to October 5, 1967, no request for a II-A deferment had been made by or on behalf of the registrant. Before Coelho's request, Joyce had been reclassified from I-S(c) to I-A on August 8, 1967. An appeal from the I-A classification, requesting a II-S classification, was pending on October 5, 1967. The I-A classification was upheld by the State Appeal Board on October 18, 1967.

On October 31, 1967, an induction order was issued to registrant upon the recommendation of the State Headquarters. On the same day a postponement of induction until the first call after January 1, 1968, was also sent in order that registrant could receive his degree December 20, 1967. On November 3, 1967, Coelho's secretary called registrant's local board and requested information about the October 3, 1967, II-A request after the next board meeting. Coelho's secretary was informed that the next board meeting would be held on November 14, 1967...

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2 practice notes
  • 345 F.Supp. 566 (D.S.D. 1972), CR71-43, United States v. Ross
    • United States
    • Federal Cases United States District Courts 8th Circuit United States District Courts. 8th Circuit. District of South Dakota
    • 8 Agosto 1972
    ...substantially prejudiced the defendant-registrant. United States v. Watson, 442 F.2d 1273, 1277 (8th Cir. 1971); United States v. Joyce, 327 F.Supp. 945, 947 Once the registrant presents a prima facie case which would, if true, entitle him to a classification lower than I-A, a basis-in-fact......
  • 337 F.Supp. 477 (D.S.D. 1972), CR71-5, United States v. Blau
    • United States
    • Federal Cases United States District Courts 8th Circuit United States District Courts. 8th Circuit. District of South Dakota
    • 9 Febrero 1972
    ...substantially prejudiced the defendant-registrant. United States v. Watson, 442 F.2d 1273, 1277 (8th Cir. 1971); United States v. Joyce, 327 F.Supp. 945, 947 (D.C.S.D.1971); United States v. Kaplan, 327 F.Supp. 1086, 1089 Once the registrant presents a prima facie case which would, if true,......
2 cases
  • 345 F.Supp. 566 (D.S.D. 1972), CR71-43, United States v. Ross
    • United States
    • Federal Cases United States District Courts 8th Circuit United States District Courts. 8th Circuit. District of South Dakota
    • 8 Agosto 1972
    ...substantially prejudiced the defendant-registrant. United States v. Watson, 442 F.2d 1273, 1277 (8th Cir. 1971); United States v. Joyce, 327 F.Supp. 945, 947 Once the registrant presents a prima facie case which would, if true, entitle him to a classification lower than I-A, a basis-in-fact......
  • 337 F.Supp. 477 (D.S.D. 1972), CR71-5, United States v. Blau
    • United States
    • Federal Cases United States District Courts 8th Circuit United States District Courts. 8th Circuit. District of South Dakota
    • 9 Febrero 1972
    ...substantially prejudiced the defendant-registrant. United States v. Watson, 442 F.2d 1273, 1277 (8th Cir. 1971); United States v. Joyce, 327 F.Supp. 945, 947 (D.C.S.D.1971); United States v. Kaplan, 327 F.Supp. 1086, 1089 Once the registrant presents a prima facie case which would, if true,......