Daniel Howard Johnson v. United States of America, John Franklin Taylor v. United States of America, Manuel Sanchez Gallegos v. United States

All three appellants were convicted of knowingly failing to perform a duty required under the Universal Military Training and Service Act. 50 U.S.C.A. Appendix § 462.

Johnson failed to obey the order to-report at the local board office, and Gallegos and Taylor failed to report to the-assigned work after reporting to the local, board office. Each appellant was tried without jury. Johnson was given a term of three years and Taylor and Gallegos-were given terms of five years each. This court has jurisdiction on appeal. 28-U.S.C. § 1291.

All the appellants are members of Jehovah’s Witnesses. All, after extended proceedings before their draft boards, were classified as conscientious objectors- and ordered to report for civilian work at the Los Angeles County Department of Charities. All refused to report for work. Many of the points herein raised have recently been passed upon by this-court in Yaich v. United States, 9 Cir., 1960, 283 F.2d 613 (petition for rehearing denied).

Seven questions are raised on this consolidated appeal. Two relate to Taylor-alone, and will be considered in a separate opinion. One relates to Johnson alone and will be treated herein, as well as the four…