United States v. James Edward Heidt

MANSFIELD, Circuit Judge:

After a trial by jury James Edward Heidt appeals from a judgment of conviction for wilfully refusing to submit to induction into the Armed Forces. 50 App. U.S.C. § 462(a). He was sentenced to imprisonment for a year and a day by Judge Harold P. Burke of the Western District of New York, and has been released on his own recognizance pending this appeal.

Heidt contends that he is a conscientious objector and that there was no basis in fact 1 for his draft board’s refusal to so classify him. We agree and accordingly we reverse.

Heidt, a resident of Buffalo, New York, was…