Craig A. Capson v. United States

HILL, Circuit Judge.

Appellant was convicted by a jury of violating Title 50 App.U.S.C. § 462, for refusing to submit himself for induction into the Armed Forces. The case was previously before us with the United States as appellant after the trial judge sustained the motion of the accused to dismiss the indictment. 1

In view of our complete statement of facts in the first case, which need not be reiterated here, we will pass directly to the questions involved.

At the trial appellant sought at every step in the proceedings to raise the defense of improper classification by the local draft board.…