Kalpakoff v. United States, 13938.

• Decision Date: 26 January 1955
• Docket Number: No. 13938.,13938.
• Citation: 217 F.2d 748
• Parties: Jack KALPAKOFF, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

217 F.2d 748 (1954)

Jack KALPAKOFF, Appellant, v. UNITED STATES of America, Appellee.

No. 13938.

United States Court of Appeals Ninth Circuit.

December 17, 1954.

Rehearing Denied January 26, 1955.

J. B. Tietz, Los Angeles, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

Laughlin E. Waters, U. S. Atty., Mark P. Robinson, Manuel Real, Manley J. Bowler, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.

PER CURIAM.

Kalpakoff was indicted for refusing to report for induction as required by the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. Like the appellant in Mason v. United States, 9 Cir., 1954, 218 F.2d 375. Kalpakoff, after being ordered to report for induction, failed to do so and this prosecution followed.

As in the case of Mason, Kalpakoff first contends that there was no proof that a valid order to report for induction had been issued. The record here shows that after appellant had been placed in Class I-A, as eligible for unlimited military service, by both his local Selective Service board and the appeal board, and after he had been notified by his local board of this classification, he was ordered to report for induction. This order was dated May 27, 1952; it directed him to report at the Armed Forces induction station at a stated address in Los Angeles at 8 A.M. on the 10th day of June, 1952. The duplicate of this order in the Selective Service file, which is executed on a printed form, SSS Form 252, is not signed. Below the blank line provided for signature appears the printed words: "Member of Local Board". Kalpakoff, on May 28, 1952, the day following the mailing of his notice of induction, wrote the board a long letter protesting his classification. Under date of May 29, 1952, he wrote to the board acknowledging receipt of the order to report for induction and requesting that his induction date be postponed until his letter could be considered. On June 9, 1952, the California State Headquarters of the Selective Service System wired the local board requesting that Kalpakoff's file be forwarded to the State Headquarters for review and directed postponement of the induction. Accordingly, on June 9, 1952, Kalpakoff was sent a notice of postponement of his induction executed on a printed Selective Service form advising him that his order to report for induction was postponed until further notice. This notice of postponement was signed by a member of the local board. The State Headquarters then returned the file to the local board without action and Kalpakoff was advised of this action by letter from the local board dated July 15, 1952. The next day, July 16, the board sent to him a letter referring to the previous postponement stating that that postponement no longer existed and that he was thereby ordered to report for induction at the place previously designated at 1:30 P.M. on the 28th day of July, 1952. The copy in the file bears only the typewritten signature of the clerk. The letter contained directions as to where he could procure transportation by bus from his place of residence to Los Angeles. He did not so report but by letter received by the local board August 1, 1952, notified that board: "I cannot appear for induction into the Army. My religious...