United States v. Christian Winslow Hayden

ELY, Circuit Judge:

Hayden appeals from his conviction on two counts of an indictment charging him with having violated § 12 of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(a). The separate offenses charged were failure to report for a pre-induction physical examination and failure to report for induction. The judgments must be reversed.

The facts are not in dispute. However, we think it desirable to review, in some detail, the unusual background of the prosecutions. Hayden urged his conscientious objector beliefs on his Local Board from the time he first registered in…