Roberson v. United States

MURRAH, Circuit Judge.

The appellant appeals from a judgment on a conviction for wilfully refusing to be inducted into the armed forces as a noncombatant in violation of Section 12 of the Selective Service Act of 1948, Title 50 U.S.C.A.Appendix, § 462. The first contention is that the trial court erred in its instructions to the jury to the effect that in its opinion there was a factual basis for the Selective Service Board’s classification of the appellant as 1-A-O, that is noncombatant duty.

The appellant argues first that the evidence conclusively shows that he was entitled to a 1-0…