United States v. Berg

MEMORANDUM OF OPINION AND ORDER

GIGNOUX, District Judge.

In this case, tried to the Court without a jury, Eugene Alfred Berg is charged with refusing to submit to induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462(a) (1967). The principal and decisive issue presented is whether defendant’s Selective Service record reveals any “basis in fact” for the denial of his request for classification as a conscientious objector. 50 U.S.C. App. § 460(b) (3) (1967); Estep v. United States, 327 U.S. 114, 122-123, 66 S.Ct. 423, 90 L.Ed. 567 (1946); Dickinson v. United…