Walter Leroy Shepherd v. United States

POPE, Circuit Judge.

The appellant, who was classified by the appropriate Selective Service Board as available for induction under the provisions of Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., refused to submit to induction as required by that Act and in consequence was indicted and convicted of such refusal. Upon this appeal he asserts that the action of the Board in so classifying him was so illegal, arbitrary and capricious as to make his classification void and that in consequence he cannot be guilty of the offense charged.

Upon examining Shepherd’s…