Legal Opinion

United States v. David John Gidmark

Court of Appeals for the Ninth Circuit

Decided April 29, 1971No. 26253_1PublishedCited by 4 opinions

1Per curiam

Gidmark appeals from his conviction for failure to report for induction into the armed services in violation of 50 U.S.C. App. § 462.

Appellant’s sole contention is that the Thirteenth Amendment’s prohibition against involuntary servitude precludes requiring him to serve in the armed services.

His contention is frivolous. In an unbroken line of cases the courts have held that conscription for military service or civilian work in lieu thereof does not constitute involuntary servitude. Arver v. United States, 245 U.S. 366, 38 S.Ct. 159, 62 L.Ed. 349 (1918); Jones v. Perkins, 245 U.S. 390, 38…

2Cases cited3 opinions

  1. Selective Draft Law CasesSupreme Court of the United States · 1918
  2. Jones v. PerkinsSupreme Court of the United States · 1918
  3. Vincent Joseph O'COnnOr v. United StatesCourt of Appeals for the Ninth Circuit · 1969

3Cited by4 opinions

  1. Calhoun v. United StatesDistrict Court, S.D. California · 1977
  2. United States v. Dean Nelson BurnsCourt of Appeals for the Ninth Circuit · 1971
  3. Roe v. Unocal Corp.District Court, C.D. California · 1999
  4. United States v. Robert Samuel LumsdenCourt of Appeals for the Ninth Circuit · 1971

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