Kent
Kent v. United States
Opinion
Opinion
Orr, J.
Appellant, pursuant to an order of his local draft board, refused to be inducted into the armed forces of the United States. He was charged with a violation of the Selective Service Act of 1948, 50 U.S.C.A.Appendix, § 462, and after trial was convicted.
In December, 1948, appellant claimed exemption from military service on the ground that he was a conscientious objector. His local board rejected his claim and classified him as 1-A. Appellant challenged this classification and requested a personal appearance before the local board. The request for personal appearance was granted. Appellant appeared and was heard. Thereafter the board continued the original classification and an appeal was taken to the appeal board. An investigative report was made by the Federal Bureau of Investigation. A hearing was held by a hearing officer of the Department of Justice at which appellant was present. The hearing officer recommended that appellant’s claim for classification as a conscientious objector should be denied. The appeal board, by unanimous vote, thereafter affirmed the 1-A classification. On August 2, 1951, appellant was ordered to report for induction. His induction was postponed…