No. 154, Docket 23277.

220 F.2d 249 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. John Paul BENDIK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 10, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., for the Southern Dist. of N. Y., New York City (Boudinot P. Atterbury, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

Frederick J. Waters, New York City, for defendant-appellant.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

SMITH, District Judge.

This is an appeal from a conviction for wilful failure to report for induction into the Armed Forces of the United States in violation of the Universal Military Training and Service Act, 50 U.S. C.A.Appendix, § 462.

The appeal is based on claims of double jeopardy, erroneous classification, error in exclusion of testimony as to appellant's sincerity, and unconstitutionality of the conscientious objector provisions of the Act as...

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