Albert Stain v. United States

Albert Stain was found guilty (jury waived) of wilfully refusing to submit to induction into the Armed Forces of the United States, Universal Military Training and Service Act, Title 50 U.S.C.A. Appendix, § 462, 1 and appeals, claiming the status of conscientious objector.

Appellant first registered under the Selective Service Act on November 6, 1946, but made no claim relative to conscientious objection to war. His local board classified him 1-A and gave notice thereof to him. He took no appeal. In 1947 he notified his board that he had moved to Canada. Subsequently he returned to the United States and, on January 5, 1949, again registered with the same local board, this time under the Universal Military Training and Service Act.

The standard classification questionnaire form, Series XIV, page 7, relating to conscientious objector claims, was not filled out. In fact, nothing in either registration questionnaire, as filled out by appellant, gave the slightest hint that the registrant held conscientious objector views. Again,. appellant was classified 1-A, was so notified, and again no appeal was taken. Subsequent to such classification the board notified appellant to report…

(concurring).

It is apparent to me that the trial judge who saw and heard Stain on the witness stand concluded from Stain’s testimony that Stain’s claim of conscientious objection and inability to under *344 stand the selective service proceedings was a sham. In this, the trial judge should have every intendment. However, under the particular circumstances here, I concur that the local board did not give the defendant due process.

235 F.2d 339 Albert STAIN, Appellant, v. UNITED STATES of America, Appellee. No. 14774. United States Court of Appeals Ninth Circuit. June 15, 1956. G. Bernhard Fedde, Portland, Or., for appellant. C. E. Luckey, U.S. Atty., James W. Morrell, Asst. U.S. Atty., Portland, Or., for appellee. Before STEPHENS, BONE, and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 Albert Stain was found guilty (jury waived) of wilfully refusing to submit to induction into the Armed Forces of the United States, Universal Military Training and Service Act, Title 50 U.S.C.A.Appendix, § 462, 1 and appeals, claiming the status of conscientious objector. 2 Appellant first registered under the Selective Service Act on November 6, 1946, but made no claim relative to conscientious objection to war. His local board classified him 1-A and gave notice thereof to him. He took no appeal. In 1947 he notified his board that he had moved to Canada. Subsequently he returned to the United States and, on January 5, 1949, again registered with the same local board, this time under the Universal Military Training and Service Act. 2 3 The standard classification questionnaire form, Series XIV, page 7, relating to…