Linan

Rudy Valentino Linan went through all of the stages of the Selective Service Act of 1948, now Universal Military Training’ and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., but refused to be inducted. The Grand Jury indicted him under 50 U.S.C.A. Appendix § 462 and the trial court found him guilty. This appeal is from the judgment subsequently entered.

[I] Appellant words the two “questions presented” in the appeal, as follows:

1. “May the eligibility of a selective service registrant professing to be a conscientious objector for a claimed classification be judged on any basis other than his own facts ? More specifically, may it be judged in large part, even if not entirely, on the beliefs of the church his parents belong to or that he attended?”

The question posed erroneously assumes situations not in the case. Of course, the Local Board and all persons having to do with a classification subsequent to the Board’s classification must determine from the evidence whether the registrant “ * * * by reason of religious training and belief, is (emphasis ours) conscientiously opposed to participation in war in any form.” 50 U.S.C.A.Appendix, § 456(j). The inquiry all along the line…