Nick John Kaline v. United States

Good Law
235 F.2d 54·1956 U.S. App. LEXIS 3824
United States Court of Appeals for the Ninth CircuitJune 11, 195614635_1California4,627 words

Opinion

Opinion

Stephens, J.

Appellant-, -Nick John Kaline, .w&s charged with and conyicted of refusal to be inducted into the Armed Force? of the United-,States in violation qf the Universal -Military Training and Service Act) Title 50 'U.S.CiA, Appendix, §'462(a)-. Appellant had -registered with the Local Board ,on September. 8, 1948, giving hi? age as 22. At -that tíme he checked on his registration. card in. reply, to the question “Were- you: ever rejected for service in the Armed Forces?” the answer “Yes” and wrote-, in “1Q45”. He- also indicated on the card that he was a student at Pacific. Bible College.

On December 13, 1948, appellant returned his Classification Questionnaire which showed he was a student at Pacific Bible College preparing for the' ministry under direction of Pilgrim Holiness Church. He did not fill in the portion of the questionnaire which treated the subject of conscientious objection. Had he done so in such a manner as to request a Special Form for the use of conscientious objectors, doubtless the form would! have been furnished to him. Appellant further che.cked the printed answer, “No”' in answering a question as to whether he had any physical or mental condition, which in his…

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