Schuman

David Don Schuman appeals from a judgment of conviction in the district court on a charge of refusing to submit to induction into the Armed Forces of the United States. Trial by jury was waived in accordance with the provisions of Rule 23(a), Fed.R.Crim.P., 18 U.S.C.A.

Schuman, a resident of San Francisco, California, duly registered with Local Board No. 40 of that city in 1948. In September of 1949, he filed his Selective Service Classification Questionnaire in which he gave his occupation as a premedical student, stated that he was not a minister nor a student minister, and made no claim to exemption as a conscientious objector. On October 10, 1950, Schuman was classified as 1-A.

Schuman sent Local Board No. 40 a letter on August 14, 1950, advising that body that in November of 1949 he had begun studies of the Bible with the Jehovah’s Witnesses; that he was enrolled in the Theocratic Ministry School; that he was engaged in various religious activities; and that he spent many hours in study at home and requested classification as IV-D (minister 'or student minister). On November 30, 1950, he was advised that his classification in 1-A would continue. When it was determined in…