Smith v. United States

PARKER, Circuit Judge.

This is an appeal from a conviction and sentence under an indictment charging violation of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 301 ct seq., in failing to report for induction pursuant to the order of a local draft board. Defendant is a member of the sect known as Jehovah’s Witnesses and claims exemption from the provisions of the Act on the ground that he is a minister of religion. This claim was denied by the local board and he was classified 1-A and ordered to report for induction. The appeal presents two questions: (1) Whether the…