David Neill MacMurray v. United States

BROWNING, Circuit Judge.

After unsuccessfully claiming the exemption from military service afforded conscientious objectors by 50 U.S.C.A. App. § 456(j) (62 Stat. 609 (1948), as amended), 1 appellant refused to submit to induction into the Armed Forces of the United States. He was convicted of violating 50 U.S.C.A.App. § 462(a) (62 Stat. 622 (1948)), and appealed.

He contends (1) that the induction order was invalid because the Department of Justice did not conduct a hearing with respect to his objections as required by section 456(j), and (2) that section 456 (j) violates the First Amendment…