Legal Opinion

Rea v. McDonald

Court of Appeals for the Fifth Circuit

Decided January 12, 1946No. 11374PublishedCited by 7 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The appellant, one of Jehovah’s Witnesses who claimed exemption as an ordained minister of religion but was by the Local Board and Appeal Board classed 1-A, obeyed the Board’s order to report for induction, took the physical examination, and was accepted, but'finally refused to be in*191ducted. For this refusal he was indicted in a district court in Oklahoma and convicted. He took an appeal to the Circuit Court of Appeals, but his attorney failed to settle the record, and the appeal was dismissed for want of prosecution. Appellant was imprisoned under his sentence in a…

2Cases cited3 opinions

  1. Falbo v. United StatesSupreme Court of the United States · 1944
  2. Billings v. TruesdellSupreme Court of the United States · 1944
  3. United States Ex Rel. Goodman v. HearnCourt of Appeals for the Fifth Circuit · 1946

3Cited by7 opinions

  1. United States Ex Rel. Kulick v. KennedyCourt of Appeals for the Second Circuit · 1947
  2. Samuel Jennings Johnson v. Fred T. Wilkinson, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1960
  3. Sunal v. LargeCourt of Appeals for the Fourth Circuit · 1947
  4. United States ex rel. Arpaia v. AlexanderDistrict Court, D. Connecticut · 1946
  5. Flanagan v. United StatesCourt of Appeals for the Sixth Circuit · 1949

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