Jerry Lee Reese v. United States

Appellant was indicted on July 21, 1954 and tried and convicted without a jury under a single count charging that he failed to report to his local draft board for instructions to proceed to a place of employment for the purpose of civilian work contributing to the maintenance of the national health, safety and interest. His local draft board had classified him as 1-A. On appeal to the Appeal Board that board classified him 1-0, i. e., conscientious objector available for such civilian work. Code of Federal Regulations, Title 32, Section 1622.14.

Appellant presents two specifications of error, (1) the failure of the trial court to grant his motion for judgment of acquittal made at the close of all the evidence, and (2) in convicting him and entering judgment of guilt.

In general, his claim here is that he presented substantial evidence to the local board, which was not rebutted, and which sustained his claim that he was both a regular and an ordained minister of a recognized sect which did not compensate its ministers, and that he was entitled to receive the more favorable minister’s classification instead of a 1-0 classification. The first claim of error is naturally embraced…