United States v. Hagaman

HASTIE, Circuit Judge.

This is an appeal from a conviction for failing and refusing to be inducted into the armed forces of the United States after being ordered to do so.1 There is no doubt that the appellant, Hagaman, refused to be inducted into the armed forces. The defense to the criminal prosecution is that he was not obliged to obey the order to report and be inducted because the order was predicated upon Selective Service classification so improper that a court, acting within judicial province as defined in Estep v. United States, 1946, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567, should…