United States v. Lynch

Good Law
115 F. Supp. 735·1953 U.S. Dist. LEXIS 2475
United States District Court, Southern District of CaliforniaOctober 19, 1953No. 23024California1,624 words

Opinion

lead Opinion

Westover, J.

The defendant, a conscientious objector, is before this court charged with refusing to be inducted into the armed forces of the United States.

Registrant filed his original questionnaire with his local board which, after review thereof, classified him as 1-A. Feeling that he was entitled to a lower classification, registrant asked for a personal interview which was granted, and subsequent to the interview he was again classified 1-A. Deeming this classification erroneous, the registrant appealed to the appeal board which also classified him as 1-A. Registrant was ordered to report for induction which he did but refused to be inducted, and this prosecution followed.

All registrants file with their local boards an information questionnaire. From the information provided by registrant, the local board determines into which classification he shall be placed. If the registrant is dissatisfied with the classification, he may request a personal hearing before the board, at which hearing he may discuss with the board the classification assigned, the reason he deems himself entitled to a lower and different classification and, if he so desires, introduce additional evidence by affidavits…

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