United States Ex Rel. Brandon v. Downer

FRANK, Circuit Judge.

1. Were it not for the incident of the eye examination we would be obliged to reverse, for in that event appellant would unquestionably have been a conscientious objector within the statute as we recently construed it in United States v. Kauten, 2 Cir., 133 F.2d 703, 708. The Appeal Board, according to the testimony of its chairman, gave as one ground for its decision an interpretation opposed to ours. But the Board gave as another ground its conclusion that the eye-examination incident showed the insincerity of appellant’s convictions. Judge HAND and I would have decided…