The opinion of the court was delivered by: KNOX
The defendant is charged with failure to submit to induction into the Armed Forces of the United States under the Military Selective Service Act of 1967 in violation of Title 50 U.S.C.A. App. Sec. 462(a). Upon a trial without a jury, this court makes the following findings of fact:
(1) Raymond Joseph Davis, the defendant, is registered with the Local Board No. 63 in Erie, Pennsylvania, as required by the Selective Service Act.
(2) On August 8, 1967, he was classified I-A by Local Board No. 63.
(3) On May 1, 1968, he was found acceptable for service in the armed forces and notified to that effect May 21, 1968.
(4) On February 13, 1969, he was ordered to report for induction on March 3, 1969.
(5) On February 19, 1969, his mother requested that he be deferred for hardship reasons.
(6) On February 26, 1969, his induction was postponed until April 1969 to permit consideration of his hardship deferment application (III-A).
(7) On April 3, 1969, he was classified III-A for six months.
(8) On October 2, 1969, Local Board No. 63 received information on a SSS Form 109 from Brevard Junior College, Cocoa Beach, Florida, that the defendant was enrolled as a full-time student.
(9) On January 8, 1970, he was classified II-S by Local Board No. 63 and was so notified.
(10) On December 3, 1970, he was classified I-A since the Board was not notified that he was pursuing a full-time course of study at any college. This I-A Classification was not appealed by the defendant within 30 days as prescribed by law.
(11) On January 4, 1971, he was mailed an order to report for induction on January 18, 1971, at 5:30 a.m. This letter was mailed to his mother's address in Erie. Previous letters to his last known address, 880 Diplomat Boulevard, Apartment No. 8, Cocoa Beach, Florida 32931, were returned "Moved, left no address". He had given his ...