Penor

Penor v. United States

Good Law
167 F.2d 553·1948 U.S. App. LEXIS 2461
United States Court of Appeals for the Ninth CircuitApril 15, 1948Nos. 11274-11279California1,072 words

Opinion

Lead Opinion

Healy, J.

Appellants in this group of cases were convicted of violating § 11 of the Selective Service and Training Act, 50 U.S.C.A.Appendix, § 311. The specific charge in each instance, save in the case of appellant Smith, was that the accused had deserted a Civilian Service Camp to which he had been assigned after having been given a IV-E classification as a conscientious objector.

Smith’s appeal will be considered hereafter. Each of the other appellants appears to have remained in his assigned camp for some months 'before quitting it. Some of them express dissatisfaction with the administration of the camps and we will deal first with these grievances. The complaint chiefly stressed consists of a claim that the camps were operated under military rather than civilian direction. There is no evidence in the record in any of the cases tending to substantiate the claim. It seems to grow out of the well-known fact that use was made of regular army officers in the over-all administration of the Selective Service System, including that phase having to do with conscientious objectors. There would seem to be nothing inappropriate in this practice. Another point sought to be made on behalf of one…

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