Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Hulsey

March 8, 1972

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DONALD LLOYD HULSEY, DEFENDANT-APPELLANT



Knoch, Senior Circuit Judge, and Kiley and Sprecher, Circuit Judges.

Author: Knoch

KNOCH, Senior Circuit Judge.

Defendant-appellant, Donald Hulsey, has appealed his conviction in a trial by the District Judge, trial by jury having been waived on indictment charging refusal to submit to induction as ordered by Selective Service Local Board No. 137, Kewanee, Illinois. He was committed to the custody of the Attorney General for a period of three years.

It is defendant's position that in the oral and written statements he made, he described such prima facie compliance with the legal requirements for classification as a conscientious objector as to require a statement of reasons for denial of his request.

He asserts that at his personal appearance before the Local Board, no member questioned the legal sufficiency of his beliefs.

When defendant, who (after registration with Local Board No. 137 in May, 1963, had been classified I-A) enrolled at Northern Illinois University, he was granted a student deferment and classified 2-S.

On May 29, 1968, the Board received notice from the University that defendant was

"No longer enrolled full time (withdrew)."

He was reclassified I-A on July 11, 1968 and so notified on July 22, 1968.

On September 4, 1968, the Board received a letter from defendant in which he stated:

"By reason of religious training and belief, I am conscientiously opposed to participation in war in any form. . . ."

Pursuant to his request a Conscientious Objector form SSS Form 150, was mailed to him the same day. The form stated that it was to be returned prior to September 14, 1968.

On October 3, 1968, when defendant's file was reviewed the Board's record noted:

"All evidence considered. SSS Form 150 not returned. No change in registrant's status. Request registrant to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.