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UNITED STATES v. HAGAMAN

No. 11189.

213 F.2d 86 (1954)

UNITED STATES v. HAGAMAN.

United States Court of Appeals, Third Circuit.

Reargued March 19, 1954.

Decided May 13, 1954.

Rehearing Denied June 4, 1954.

Motion to Amend Denied August 13, 1954.

Attorney(s) appearing for the Case

Hayden C. Covington, Brooklyn, N. Y., for appellant.

Stephen A. Teller, Asst. U. S. Atty., Wilkes Barre, Pa. (J. Julius Levy, U. S. Atty., Scranton, Pa., Roger A. Woltjen, Asst. U. S. Atty., Milford, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This is an appeal from a conviction for failing and refusing to be inducted into the armed forces of the United States after being ordered to do so.1 There is no doubt that the appellant, Hagaman, refused to be inducted into the armed forces. The defense to the criminal prosecution is that he was not obliged to obey the order to report and be inducted because the order was predicated upon Selective Service classification...

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