United States v. Donald MacIo Hurt

MARIS, Circuit Judge.

The question presented on this appeal by the defendant, Donald Macio Hurt, from his conviction in the District Court for the District of New Jersey of violating the Universal Military Training and Service Act 1 is whether the trial judge erred in denying the defendant’s motion for judgment of acquittal. The answer turns on whether there is basis in fact for the action of the Selective Service authorities in refusing to classify Hurt as a minister under the Act. The record before the Selective Service authorities disclosed the following undisputed facts:

Hurt, at the age of…