Bagley

Bagley v. United States

Good Law
144 F.2d 788·1944 U.S. App. LEXIS 2932
United States Court of Appeals for the Ninth CircuitJune 14, 1944No. 10574California422 words

Opinion

Lead Opinion

Stephens, J.

Jack W. Bagley was convicted in the district court of knowingly and feloniously failing to comply with the order of the Selective Training and Service Board to report for induction into the armed services of the United States (Selective Training and Service Act of 1940, 54 Stat. 885 , 50 U.S.C.A.Appendix, §§ 301-318, specifically § 311). He appeals from the judgment.

It is agreed that the order to report for induction was made and that he has not complied therewith. At the trial he claimed, and he makes the same claim here, that he “had not received a hearing by the Hearing *789 Officer such as the law granted him.” Specifically, he claims that the order is void and, therefore, no order at all; that the Hearing Officer refused to inform the registrant, who was claiming to be a conscientious objector, as to the general nature and character of any evidence unfavorable to him; that the Hearing Officer misled the registrant by advising him that there was no evidence against him, after which the Hearing Officer based his adverse ruling upon evidence which he had notwithstanding his statement to the registrant. The latter further claimed that he was not given “a personal hearing by a…

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