United States v. Baxter

EVANS, Circuit Judge.

Defendant Baxter was charged with, and convicted of, a violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq. He failed *360to report for induction into the military-service when ordered so .to do by the local draft board. He admits his refusal so to report but defends his action on the ground that he is a “minister of Jehovah’s Witnesses” and as such was not subject to the order which the board made and which was based on its finding that he was not-a duly ordained minister of the gospel.

On the trial of .the criminal case he sought…