United States v. James J. Hawver

FAIRCHILD, Circuit Judge.

Appellant Hawver was convicted of failure to report for civilian work as ordered by his draft board. The order was based on a 1-0 classification as a conscientious objector. Appellant’s defense and this appeal are based upon the claim that the order was invalid because he was entitled to classification IV-D as a minister exempt from service. The district court denied a motion for judgment of acquittal.

The board actions under scrutiny are as follows: (1) On August 18, 1966 the local draft board classified him IV-D. (2) On January 18, 1967 the local board classified him…