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UNITED STATES v. KAUTEN

No. 134.

133 F.2d 703 (1943)

UNITED STATES v. KAUTEN.

Circuit Court of Appeals, Second Circuit.

February 8, 1943.

Attorney(s) appearing for the Case

Julien Cornell, of New York City, for appellant Mathias Kauten.

Mathias F. Correa, U. S. Atty., of New York City (K. Bertram Friedman and Stuart Z. Krinsly, Asst. U. S. Attys, both of New York City, of counsel), for the United States.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The defendant, Mathias Kauten, was convicted for neglecting to appear for induction into the United States Army pursuant to the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq. He claims that the conviction was erroneous because he was exempt as a conscientious objector under Section 5 (g) of the Selective Training and Service Act.1

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