United States v. Collura, 135.

• Court: U.S. Court of Appeals — Second Circuit
• Writing for the Court: PER CURIAM
• Citation: United States v. Collura, 139 F.2d 345 (2nd Cir. 1943)
• Decision Date: 21 December 1943
• Docket Number: No. 135.,135.
• Parties: UNITED STATES v. COLLURA.

139 F.2d 345 (1943)

UNITED STATES v. COLLURA.

No. 135.

Circuit Court of Appeals, Second Circuit.

December 21, 1943.

Milo O. Bennett, of New York City, for appellant.

James B. M. McNally, U. S. Atty., of New York City (K. Bertram Friedman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The appellant was convicted upon an indictment charging wilful failure to perform a duty required of him under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 311, to-wit, failure to report for induction into the United States Army. In response to an order of his local draft board to report for induction, the appellant appeared at the induction station at the appointed hour but stated that he refused to be inducted unless given a guarantee against compulsory vaccination after he was in the army. He took the stand, and from his testimony it appears that he has long entertained a sincere conviction in opposition to compulsory vaccination. The district judge refused to consider the validity of the Army Regulations regarding vaccination and rightly restricted the issue to whether or not the appellant reported at the induction center prepared to be inducted into the army without qualification. Obviously the duty to report for...