Jerry Keith Rogers v. United States

Good Law
263 F.2d 283
United States Court of Appeals for the Ninth CircuitApril 20, 195915647_1California1,403 words

Opinion

Opinion

Solomon, J.

Appellant was convicted of violating the Selective Service Act by wilfully refusing to submit to induction in the armed forces of the United States as a noncombatant, Class' I-AO. Appellant is a member of Jehovah’s Witnesses. He claims he is conscientiously opposed to military service of any kind, including noncombatant service, and therefore should have been classified I-O.

At the time of his registration in 1950, appellant asserted th'at he was a conscientious objector and tiat by reason of his religious activities he should be classified as a minister of religion, Class IV-D. The local board denied such request and classified him I-A — available for military service. The Appeal Board affirmed that classification.

Thereafter, appellant’s files were sent to the Department of Justice for a hearing with respect to appellant’s character and good faith; and for an advisory opinion as required by § 6(j) of the Universal Training ánd Service Act. [50 U.S.C.A.Appendix, §; 456(j).] The Federal Bureau of Investigation made its report regarding appellant’s sincerity of belief, and prior to the special hearing, appellant was furnished with a résumé of that report. The following is the…

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