David Bruce Miller v. United States

JOHNSEN, Senior Circuit Judge.

Appellant was convicted on a jury-waived trial of refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462 and was sentenced to five years imprisonment.

The determinative question here is whether the manner in which the Local Selective Service Board handled and disposed of appellant’s claim to be a conscientious objector and his request for a change of classification on this basis was legally invalid so as to make his refusal to be inducted not an unlawful act in the circumstances. Appellant’s motion for acquittal upon this ground…