Donald Wesley Pitts v. United States

Good Law
217 F.2d 590·1954 U.S. App. LEXIS 3163
United States Court of Appeals for the Ninth CircuitDecember 7, 195414164California1,089 words

Opinion

Opinion

Pope, J.

The appellant was convicted of the offense of refusal to submit to induction contrary to the provisions of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. He asserts that the Selective Service boards who placed him in Class I-A, (available for full military service), had no basis in fact for the denial of his claim that he was exempt as a conscientious objector.

The record shows that both in his original questionnaire and his special form for conscientious objectors filed with the local board, registrant asserted that he was by reason of religious training and belief conscientiously opposed to participation in war in any form and conscientiously opposed both to combatant and noncombatant training or service in the armed forces. In response to a question in the special form as to the nature of his belief, he stated among other things that: “Life is through Jehovah only and should not be destroyed by acts of men; * * * I am a conscientious objector to anything that interferes with my service to Jehovah God.”

The local board placed Pitts in Class I-A and so notified him. He then by letter requested a personal appearance before the board stating…

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