United States v. John Paul Bendik

SMITH, District Judge.

This is an appeal from a conviction for wilful failure to report for induction into the Armed Forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462.

The appeal is based on claims of double jeopardy, erroneous classification, error in exclusion of testimony as to appellant’s sincerity, and unconstitutionality of the conscientious objector provisions of the Act as discriminatory against agnostics.

Bendik registered with his local board in New York City September 15, 1948, was classified I-A, had his…