United States v. Gosciniak

Seventh Circuit

United States v. Gosciniak

142 F.2d 240, 1944 U.S. App. LEXIS 3302

CourtCourt of Appeals for the Seventh Circuit

DecidedMay 11, 1944

DocketNos. 8505, 8508, 8509, 8517, 8518

StatusPublished

Cited by1 cases

This text of 142 F.2d 240 (United States v. Gosciniak) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Gosciniak, 142 F.2d 240, 1944 U.S. App. LEXIS 3302 (7th Cir. 1944).

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Opinion

PER CURIAM.

These five appeals which were timely filed, are from judgments convicting appellants of violations of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq. Four appellants were classified by their respective Draft Boards as conscientious objectors, and were accordingly ordered to report for work Of national importance or for final type physical examination. The fifth, classified as 1-A, was ordered to report for induction. Failure to obey these orders constituted the basis for the charges against them.

All appellants are members of the Jehovah’s Witness sect, and claim exemption from any service under the Act as ordained ministers.

Appellants challenge the action of the court in refusing to admit or in disregarding evidence that they were duly ordained ministers, contending that the denial of the right to present defenses is repugnant to the Constitutional provision that no bill of attainder or ex post facto law shall be passed, article 1, § 9, cl. 3, and also to the Sixth Amendment providing that in all criminal prosecutions the accused shall have compulsory process for obtaining witnesses in his behalf. We find no merit in these contentions.

. Judgments affirmed on the authority of Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346.

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PER CURIAM.

These five appeals which were timely filed, are from judgments convicting appellants of violations of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq. Four appellants were classified by their respective Draft Boards as conscientious objectors, and were accordingly ordered to report for work Of national importance or for final type physical examination. The fifth, classified as 1-A, was ordered to report for induction. Failure to obey these orders constituted the basis for the charges against them.

All appellants are members of the Jehovah’s Witness sect, and claim exemption from any service under the Act as ordained ministers.

Appellants challenge the action of the court in refusing to admit or in disregarding evidence that they were duly ordained ministers, contending that the denial of the right to present defenses is repugnant to the Constitutional provision that no bill of attainder or ex post facto law shall be passed, article 1, § 9, cl. 3, and also to the Sixth Amendment providing that in all criminal prosecutions the accused shall have compulsory process for obtaining witnesses in his behalf. We find no merit in these contentions.

. Judgments affirmed on the authority of Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346.

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142 F.2d 240, 1944 U.S. App. LEXIS 3302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gosciniak-ca7-1944.

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