Batelaan v. United States
| Decision Date | 17 December 1954 |
| Docket Number | No. 13939.,13939. |
| Citation | 217 F.2d 946 |
| Parties | William Joy BATELAAN, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Hayden C. Covington, Brooklyn, N. Y., for appellant.
Laughlin E. Waters, U. S. Atty., Mark P. Robinson, Manuel Real, Manley J. Bowler, Los Angeles, Cal., for appellee.
Before STEPHENS, BONE and POPE, Circuit Judges.
Appellant was charged with a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix § 451 et seq., in that he knowingly refused to be inducted into the armed forces of the United States.
The facts in this case are substantially the same as those in Shepherd v. United States, 9 Cir., 1954, 217 F.2d 942. Batelaan was placed by his local board in Class I-A. He asked for a personal appearance which was granted. He claimed to be a conscientious objector. The minutes of the board on the occasion of his personal appearance, showing that the board questioned him as to why he omitted certain facts from his questionnaire, indicate that the board may have doubted his credibility. It there appeared that registrant was employed at Lockheed; that he understood that his work involved the making of munitions of war; he said that "the job at Lockheed is only to get money to live on."
The board continued Batelaan in Class I-A; he appealed and his file was referred to the Department of Justice. He had a hearing before the hearing officer who recommended that he should be classified in I-A-O, that is to say, as a conscientious objector available for noncombatant military service. The Department, by its special assistant to the Attorney General, forwarded this report to the appeal board, but he did not concur therein, calling attention to the fact that appellant had answered his special form for conscientious objector with the statement in substance that he believed in theocratic wars; that the group to which he belonged were "authorized to defend themselves against those who fight against the theocratic government". The Department therefore recommended that his claim of exemption as a conscientious objector should be denied, "in that he was not opposed to participation in all forms of war".
It is apparent here, as it was in the Shepherd case, that the appeal board might have found against the appellant's claim upon the ground that the local board had disbelieved him after he made an appearance before them. On the other hand, the appeal board may...
To continue reading
Request your trial
-
United States v. Lamberd
...380 U.S. 163, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965); Shepherd v. United States, 217 F.2d 942 (9th Cir. 1954). Batelaan v. United States, 217 F.2d 946 and note 1 (9th Cir. 1954). United States v. St. Clair, supra, 293 F.Supp. at 344, cf. Schuman v. United States, 208 F.2d 801, 805 (9th 7 Furth......
-
United States v. Broyles, 13154.
...380 U.S. 163, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965). Shepherd v. United States, 217 F.2d 942 (9th Cir. 1954), Batelaan v. United States, 217 F.2d 946 and note 1 (9th Cir. 1954); United States v. St. Clair, supra, 293 F.Supp. 337 at 344, Cf. Schuman v. United States, 208 F.2d 801, 805 (9th Cir......
-
United States v. Jakobson
...it more "just under the circumstances," 28 U.S.C. § 2106, to direct dismissal of the indictment, as was done in Batelaan v. United States, 217 F.2d 946, 947 n. 1 (9 Cir. 1954); Shepherd v. United States, supra, 217 F.2d 942; Ypparila v. United States, supra, 219 F.2d 465; and United States ......
-
United States v. Poston
...380 U.S. 163, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965); Shepherd v. United States, 217 F.2d 942 (9th Cir. 1954), Batelaan v. United States, 217 F.2d 946 and note 1 (9th Cir. 1954); United States v. St. Clair, supra D. C., 293 F.Supp. 337, at 344, Cf. Schuman v. United States, 208 F.2d 801, 805 (......