United States v. Kirschenman

NORDBYE, District Judge.

(Acting under assignment to the District of South Dakota).

*154Defendant waived a trial by jury in writing and the matter was tried to the Court. He contends that his classification in IV-E by the Board of Appeals of South Dakota was arbitrary and capricious, and that he should have been entitled to an agricultural deferment and classified as IIC. He asserts, therefore, that his induction order was wholly invalid. He admits that he knowingly and wilfully refused to report for work of national importance on June 3, 1945, in pursuance of the order of the local board of May…