Legal Opinion

Bagley v. Vice

Court of Appeals for the Ninth Circuit

Decided November 5, 1945No. 10937Published

1Opinion of the Court

DENMAN, Circuit Judge.

This is an appeal from a judgment dismissing a petition for a writ of habeas corpus seeking a judicial review of the judgment sentencing petitioner to two years in the federal penitentiary.

Appellant was convicted of a failure to report for induction into the armed forces as ordered by his selective service board, after the Board had classified him as I-A —that is, available for military service. Appellant appealed to this court, assigning as error the board’s alleged arbitrary and non-judicial action, that is, lack of due process in his classification. This is alleged to…

2Cases cited6 opinions

  1. Falbo v. United StatesSupreme Court of the United States · 1944
  2. Billings v. TruesdellSupreme Court of the United States · 1944
  3. Smith v. United StatesCourt of Appeals for the Fourth Circuit · 1945
  4. United States v. FlakowiczCourt of Appeals for the Second Circuit · 1945
  5. United States v. EstepCourt of Appeals for the Third Circuit · 1945

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