United States v. David Arthur Gearey

KAUFMAN, Circuit Judge;

The military conflict which now engages the nation has prompted much debate over our system of conscription. This controversy has been manifest not only in Congressional hearings, but also in numerous judicial proceedings in which the draft laws have been challenged. Probably no provisions have been examined more closely than those relating to the deferment of conscientious objectors. 1

David Arthur Gearey was convicted of violating 50 U.S.C.App. § 462(a) 2 because of his refusal to submit to induction as ordered by his Local Selective Service Board. On this appeal, his…