Clayton v. United States

Ninth Circuit

Clayton v. United States

142 F.2d 552, 1944 U.S. App. LEXIS 3434

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 8, 1944

DocketNo. 10570

StatusPublished

This text of 142 F.2d 552 (Clayton v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clayton v. United States, 142 F.2d 552, 1944 U.S. App. LEXIS 3434 (9th Cir. 1944).

Pincite

Opinion

PER CURIAM.

Appellant was indicted, tried and convicted for violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 311, and of § 622.51 of the Selective Service Regulations thereunder.

The appellant was classified by this “Local Board” as a conscientious objector (classification IVE) and was ordered to report for work of national importance non-combatant in nature (Regulation § 622.51), but he did not report as ordered to do or at all. His defense is that he did not receive a notice of his classification.

The case was tried to the court without a jury and evidence was received as to proceedings of the “Local Board” perhaps in detail much greater than indicated as necessary or proper under the case of Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346.

The defendant submitted the case .to us without oral presentation, and we have carefully reviewed the evidence and defendant’s typewritten brief. We find no error.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI