Thomson

This is an appeal from a judgment entered in a judge tried case sentencing appellant to a year in the penitentiary. The appellant was subject to selective service under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq. He was classified in Class 1-A and -duly notified thereof and ordered to report on May 24, 1945, at his induction station at Reseda, Los Angeles County, California, for induction into the armed service. He was found guilty of having knowingly failed so to report.

Appellant contends here that his selective service board erred in classifying him as in Class 1-A and that on the evidence he should have been classified as a conscientious objector by reason of religious training and belief, and hence was wrongfully ordered to report to the induction station.

Appellee contends that appellant was not entitled to tender this issue below and is not entitled so to do here because in failing to report he had not exhausted his rights under the selective service administrative process.

The judgment should be affirmed. It is admitted that appellant failed to report to his induction station as ordered. Appellant contends that because he had…