Bagley

This is an appeal from a judgment dismissing a petition for a writ of habeas corpus seeking a judicial review of the judgment sentencing petitioner to two years in the federal penitentiary.

Appellant was convicted of a failure to report for induction into the armed forces as ordered by his selective service board, after the Board had classified him as I-A —that is, available for military service. Appellant appealed to this court, assigning as error the board’s alleged arbitrary and non-judicial action, that is, lack of due process in his classification. This is alleged to have consisted in the statement to appellant by the board’s hearing officer that there was no evidence against his contention that he was a conscientious objector, whereas there was such evidence, followed by his classification as I-A and the board’s refusal to classify him as a conscientious objector, based upon the evidence so concealed from him.

We affirmed the judgment (Bagley v. United States, 144 F.2d 788 ) on the ground that it was a violation of the Act to fail to report to the military for induction when so ordered, though the order was based upon a classification made without due process of law. In…

(concurring).

I concur in the decision. I agree that we need not, in this case, decide that induction shall actually take place before the validity of the Board’s orders may be tested by habeas corpus and therefore that we should not and do not decide that question.

(concurring).

I concur in the result.