Winburn Carson Kessler v. United States

COLEMAN, Circuit Judge:

This appellant was convicted of refusing, on April 6, 1967, to be inducted into the armed forces of the United States, in violation of 50 App. U.S.C. 462. Although the record shows without dispute that Kessler was highly religious and had been previously convicted of no offense other than failing to yield the right of way, he was sentenced to the maximum, five years imprisonment. Because the record undoubtedly shows that the denial of conscientious objector classification to this registrant was wholly without basis in fact we reverse this conviction.

Kessler was born in…