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ZILKANICH v. UNITED STATES

No. 5205.

139 F.2d 1016 (1944)

ZILKANICH v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 17, 1944.

Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y. (Horace S. Meldahl, of Charleston, W. Va., on the brief), for appellant.

E. E. Hamstead, Asst. U. S. Atty., of Morgantown, W. Va. (Joe V. Gibson, U. S. Atty., of Kingwood, W. Va., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and WYCHE, District Judge.

PER CURIAM.

This is an appeal from a conviction and sentence under an indictment charging violation of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., in failing to report for induction pursuant to the order of a local Draft Board. Defendant is a member of the sect known as Jehovah's Witnesses and claims exemption from the provisions of the act on the ground that he is a minister of religion.

Appellant was tried in...

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