Lemien v. United States

HOLMES, Circuit Judge.

The appellant was convicted by a jury of willfully failing to report for induction into the armed forces of the United States, in violation of the Selective Training & Service Act of 1940.1 He appealed from the judgment that was entered upon the verdict, and seeks reversal thereof upon the ground that he was a regular minister of religion who was exempt from military training and service.

Appellant was not represented by counsel in the court below; and he stated, in response to questions by the court, that he preferred not to have an attorney, although *551he was able to…