United States v. John Clyde Perrin

Appellant was convicted of refusing induction into the Armed Services. On appeal, he limits his attack to the constitutionality of the Military Selective Service Act of 1967, 62 Stat. 604, 50 U.S.C.App. §§ 451-73. We affirm.

Appellant’s failure to present to his local board any of the issues now raised does not preclude judicial review where, as here, the challenge is to the validity of the Act on its face. McKart v. United States, 395 U.S. 185, 89 S.Ct. 185, 23 L.Ed.2d 194 (1969); United States v. Mitchell, 369 F.2d 323 (2d Cir. 1966). Nevertheless, we are foreclosed by prior decisions of…