Bernard Henry Ashauer v. United States

WALSH, District Judge.

Ashauer was convicted of violating the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq. by knowingly failing and refusing to submit to induction into the armed forces of the United States. In this appeal, he contends that his final classification of I-A (available for military service) was invalid. If his contention is sound, then it follows that the order requiring him to submit to induction was invalid, also, and the conviction based upon his failure and refusal to obey the order cannot stand.

Ashauer registered with his local board on…