WALTER LEWIS GRAY, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

9th Cir. | 1968-03-14
No. 21880
391 F.2d 270 United States Court of Appeals for the Ninth Circuit (1968) Positive Treatment
Cited by 2 cases

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Holding

The court held that the conviction for failing to perform ordered civilian work as a conscientious objector was proper.


Facts & Procedural History

Appellant was classified as a conscientious objector and ordered to perform civilian work, which he refused. He argued his classification was incorrec…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This is an appeal from a conviction for violation of 50 U.S.C. App. § 462 (knowingly failing and refusing to perform civilian work as ordered when classified as a conscientious objector).

We have examined the three points urged by appellant as error, and find no merit in any of them.

1. The record clearly discloses that the board had a basis in fact for its decision classifying appellant as a conscientious objector (I-O) and not as a “duly ordained minister of religion” (IV-D). Appellant alleged he worked but eighteen hours a month in his ministry. He was working full time in a civilian capacity, and had applied for, but had not achieved, status within his church as a full-time minister. 2. Appellant was offered three types of civilian work, both in writing and, subsequently, orally; but he declined to accept any of them. He was offered work both in and out of his home county, but refused to work anywhere, and refused to designate any preference as to work. 3. There is not, in the record before us, any evidence that the work to which he was assigned, and for which he refused to report, was contrary to this appellant’s religious beliefs.

We affirm the conviction.


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