United States v. Edward Henry Kushmer, Jr.

SWYGERT, Circuit Judge.

The defendant, Edward Henry Kushmer, Jr., was indicted under the provisions of 50 U.S.C. App. § 462 for knowingly failing to report for civilian employment in lieu of military service after having been classified I-O, conscientious objector, under the Universal Military Training and Service Act. After being tried by the court sitting without a jury, the defendant was found guilty and sentenced to three years’ imprisonment. From the judgment of conviction, he appeals.

The issue presented is whether the defendant made a prima facie showing of eligibility for a ministerial…