Nick Allen Klubnikin v. United States

Good Law
227 F.2d 87
United States Court of Appeals for the Ninth CircuitFebruary 27, 195614628_1California1,563 words

Opinion

Opinion

Orr, J.

Appellant is a member of a sect called Molokan Spiritual Jumpers. This sect teaches opposition to war and military service. By reason of his membership and the teachings received from the Molokan Spiritual Jumpers appellant asserted, before his local draft board, that he was a conscientious objector and entitled to be so classified under the Universal Military Training and Service Act. In February 1951 he was classified 1-A) he appealed administratively. His 1-A classification was modified by the Appeals Board and he was reclassified 1-A— O. Under this classification he was ordered to report for duty but refused. He was indicted and tried for such failure to report. On a trial before the Court, sitting without a jury, he was acquitted. The Court found his 1-A-O classification to be improper. After his acquittal his local draft board reclassified him l-O, being the classification he-had asked for originally. On April 14, 1954 appellant wrote to his local draft board informing it that he had married, that he expected to become a father in the near future and that he was presently supporting his widowed mother. He requested a reclassification of III-A, “registrant deferred by reason…

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