The opinion of the court was delivered by: TRAVIA
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This action having come on to be heard before this court on the 3rd day of October, 1972, and the defendant having, by duly executed stipulation approved by this court, waived a trial by jury, [Court Exh. #1], and the evidence of the parties having been adduced, and the attorneys for the parties having submitted their pretrial and post trial memoranda and upon all the papers on file in this action, and after due deliberation this court hereby makes the following findings of fact and conclusions of law:
1. The defendant, Ronald S. Jenkins, is charged in a one count indictment with violation of 50 U.S.C. App. § 462(a), for failure to comply with an induction order to report and submit to induction into the Armed Forces.
2. Defendant registered with Local Board No. 50, Brooklyn, New York, on September 23, 1966.
3. On October 19, 1966, the defendant was placed in Class 2-S by the Local Board and such classification remained on an annual basis until November 18, 1970, when he was placed in Class 1-A by the said Local Board No. 50.
4. On January 20, 1971, the defendant was given a pre-induction physical at the Armed Forces Examination and Entrance Station, and was found to be medically qualified for induction.
5. On February 4, 1971, the Local Board mailed to defendant an SSS Form 252, an Order to Report for Induction, wherein the defendant was ordered to report for induction on February 24, 1971.
6. On February 17, 1971, after receiving his induction notice, the defendant wrote to the Local Board and requested SSS Form 150 for a conscientious objector classification.
7. On February 23, 1971, the defendant went in person to the Local Board and requested Form 150. He was advised to write a short statement as to his beliefs, which he did, and he was told to report for induction on the next day because his request for a postponement of his induction had been denied.
8. The defendant did not report for induction on February 24, 1971.
9. The defendant's SSS Form 150 was received by the Local Board ...