Hibbs v. Catovolo

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining appellee’s writ of habeas corpus and discharging him from the custody of appellant. The decisive question is whether appellee was subject to military jurisdiction as a member of the armed forces when he applied for the writ.

After being classified in 1A by his local draft board, appellee was ordered to report for induction on August 19, 1943. He voluntarily complied with this order, passed his physical examination, and was put through the regular induction process. He declined to take the oath prescribed as a part of the induction…