Saunders

Alfred Lloyd Saunders was indicted for the violation of Title 50 U.S.C.A.Appendix, § 311, Selective Training and Service Act of 1940, § 11. A jury trial having been waived, he was tried before a district judge and found guilty. He appeals.

Appellant, a registrant under the Act, asserts that he is a conscientious objector and, therefore, exempt from military duty. The board, however, classified him as 1-A, and ordered him to a military induction center, there to submit to induction into the armed forces. He proceeded to the center, but he refused to submit to induction. It is the refusal to obey the order to submit to induction that allegedly constitutes the criminal act with which appellant was charged.

Appellant demurred to the indictment in a lengthy statement which was confused with a former proceeding. The most that can be made out of the demurrer is that the allegations in the indictment are not sufficient to state an offense against the United States. It is clear that appellant’s contention is without merit. Estep v. United States (No. 292) and Smith v. United States (No. 66), 1946, 66 S.Ct. 423 ; Billings v. Truesdell, 1944, 321 U.S. 542 , 64 S.Ct. 737 , 88 L.Ed. 917 ;…