United States v. Kutz

GRUBB, District Judge.

Defendant, Joseph Richard Kutz, is charged in an indictment with refusal and failure to report for civilian work in lieu of military service pursuant to an order of his draft board dated January 25, 1960, in violation of Section 462 of Title 50, Appendix, U.S.C.A., Universal Military Training and Service Act. The case has been tried to the court and has been submitted on post-trial briefs.

Defendant contends that his original classification by Local Board No. 39, Marinette County, Marinette, Wisconsin, as a conscientious objector was void because there was no evidence…