Jan Emil Donato v. United States

MERRILL, Circuit Judge.

Appellant stands convicted of refusal to submit to induction under the Universal Military Training and Service Act, 50 U.S.C.Appendix, § 462, and has been sentenced to serve three years’ imprisonment.

Appellant is a member of Jehovah’s Witnesses and asserts conscientious objection to military service. Notwithstanding his showing to this effect, the local board with which he had registered classified him 1-A rather than as a conscientious objector. After reporting for induction in response to the board’s order, appellant refused to submit to induction.

Upon this appeal…