United States v. Roger Grant Newton

BARNES, Circuit Judge:

Roger G. Newton, classified I-A-0 by his local Board, was ordered to report for duty in the military as a noncombatant. He refused and was convicted for violation of the Universal Military Training and Service Act (50 U.S.C. App. § 462). On appeal he challenges the validity of his classification. We reverse.

Appellant was initially classified IA-0 by his local Board because of his conscientious objector beliefs and because he indicated he was willing to serve in noncombatant lines. Newton enrolled in college and received a II-S (Student) deferment. Upon leaving school he…