Cannon

Robert L. Cannon was indicted under provisions of the Selective Service Act of 1948, 50 U.S.C.A.Appendix, § 451 et seq., of knowingly failing and neglecting to register as required by the Act. After plea of not guilty a jury found him guilty and he was sentenced to a penal term of three years.

It was stipulated in open court [quoting the trial judge’s words in stating the stipulation in definite form] “ * * * that the reason why the defendant did not register and has not registered under the Selective Service Act of 1948 was because of his religious beliefs and convictions.”

Appellant claims [again using the words of the trial judge which met with agreement of all parties] “ * * * it is to be defendant’s position throughout the case that the statute as applied to this defendant would amount to an unconstitutional deprivation of his free exercise of religion and, as such, would violate the First Amendment to the Constitution [of the United States].”

The court refused to give appellant’s proposed instructions in line with appellant’s claims as stated by the trial judge, and this appeal followed.

The indictment was filed January 19, 1949, long after this court in Local Draft…