BATES
v.
UNITED STATES

U.S. | 1955-03-28
No. 450
348 U.S. 966 Supreme Court of the United States (1955) Caution
Cited by 16 cases

Per_curiam
Per Curiam:

On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit.

Per Curiam:

The petition for certiorari is granted. Petitioner’s claim to exemption as a conscientious objector has been denied by the National Appeal Board without his Selective Service file ever having been referred to the Department of Justice for inquiry, hearing, and recommendation. The procedure prescribed by § 6 (j) of the Universal Military Training and Service Act, 62 Stat. 612, as amended, 50 U. S. C. App. § 456 (j), has not been complied with, and the judgment of conviction is accordingly reversed.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • United States v. Washington, 392 F.2d 37 (6th Cir. 1968)
    …or example, operating a defense plant, then a basis in fact would exist for holding that appellant’s religious beliefs entailed no opposition to noncombatant service. See United States v. Moore, 217 F. 2d 428 (7th Cir. 1954), rev’d on other grounds, 348 U.S. 966, 75 S.Ct. 530, 99 L.Ed. 753 (1955). In the absence of such proof, or any indication that appellant’s beliefs were insincerely held, we find no basis in fact to support the classification in which he was placed. The judgment of the District Court is…
  • Turner v. United States, 410 F.2d 837 (5th Cir. 1969)
    …ever granted for registrants of any other class.7 Prior to the adoption of the June 30, 1967, amendment, failure to conduct a Department of Justice hearing required reversal of a conviction for refusal to submit to induction. Bates v. United States, 348 U.S. 966, 75 S.Ct. 529, 99 L.Ed. 753, Per Curiam (1955); Sterrett v. United States, 216 F. 2d 659 (9 Cir. 1954). Appellant contends that the amendment should apply prospectively only and not to a pending case, and also that to apply the change in law and re…
  • Bradshaw v. United States, 242 F.2d 180 (10th Cir. 1957)
    …registrant’s classification of 1-0 granted by a local board. Certain it is that a registrant cannot be deprived of a 1-0 classification granted by another board without his file first being referred to the Justice Department. Bates v. United States, 348 U.S. 966, 75 S.Ct. 529, 99 L.Ed. 753. And certain it is that this special hearing procedure is available only to conscientious objectors to service. As stated in United States v. Nugent, 346 U.S. 1, 73 S.Ct. 991, 996, 97 L.Ed. 1417: “* * Congress was under…

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