United States Ex Rel. Kulick v. Kennedy

L. HAND, Circuit Judge.

Kulick appeals from an order, dismissing a writ of habeas corpus, issued to discharge him from custody under a judgment, entered upon the verdict of a jury, convicting him of failing to submit to induction into the United States Army. The only issue is whether he was deprived of the defense that the induction order of the local board, affirmed by the appeal board, was invalid which had denied him exemption under § 5(d) of the Act, as a “regular or * * * ordained minister.” Three questions arise: (1) Whether he may avail himself of habeas corpus at all, because he failed…