UFFELMAN v. UNITED STATES

No. 14780.

230 F.2d 297 (1956)

Wesley Lawrence UFFELMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 27, 1956.


Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MATHEWS, HEALY and LEMMON, Circuit Judges.


LEMMON, Circuit Judge.

Recognition of the privilege of conscientious objection to military service is a statutory grace, not a Constitutional right. While it is true that, implementing this grace, certain procedural safeguards have been established by statute and administrative rule, these safeguards cannot be parlayed into rigid Constitutional guarantees of a "trial" before a draft board.

In United States v. Macintosh, 1931, 283 U.S. 605

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