United States v. John Wesley Brown

CLARK, Circuit Judge:

John Wesley Brown appeals his nonju-ry conviction of failing to submit to induction into the armed forces. 50 U.S. C.A. App. § 462(a). His sole defense was that his local board had unlawfully refused to classify him as a conscientious objector. After a full trial upon the merits, the district judge found that there was a “basis in fact” for the board’s action, Estep v. United States, 327 U.S. 114, 122, 66 S.Ct. 423, 427, 90 L.Ed. 567, 573 (1946), and consequently adjudged Brown guilty. We affirm.

Brown first registered with his local board on May 18, 1967, but made no…