Brown v. McNamara

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal concerns the jurisdiction of the Federal Courts over persons in the military service.1 The case is before the court on appeal from an order of the District Court denying a petition for a writ of habeas corpus, requesting the discharge of appellant from the Army on the grounds of his being a conscientious objector. Appellant (Private David W. Brown) voluntarily enlisted in the Army. The petition alleges that his religious beliefs “crystalized” two weeks after beginning his basic training at Fort Dix, New Jersey, and he refused to proceed…