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CAVERLY v. UNITED STATES

No. 19957.

429 F.2d 92 (1970)

James Leonard CAVERLY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

July 17, 1970.

Attorney(s) appearing for the Case

Harold A. Halgrimson, Fargo, N. D., for appellant.

Eugene K. Anthony, Asst. U. S. Atty., Fargo, N. D., for appellee; Harold O. Bullis, U. S. Atty., Fargo, N. D., on the brief.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

James Leonard Caverly claims to be a conscientious objector, and he refused induction. The government prosecuted him for violating 50 U.S.C.App. § 462. The district court, sitting without a jury, convicted him.1 He appeals. The issue before us, which the district court determined adversely to Caverly, is whether Caverly's Selective Service file reflects a basis in fact which supports his classification and eligibility...

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