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Billings v. Truesdell, 321 U.S. 542 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Billings v. Truesdell, 321 U.S. 542 (1944)
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Billings v. Truesdell No. 215 Argued February 2, 1944 Decided March 27, 1944 321 U.S. 542
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENT CIRCUIT
Syllabus
1. A registrant under the Selective Training and Service Act of 1940 becomes "actually inducted" within the meaning of § 11 of the Act when, in obedience to the order of his draft board and after the Army has found him acceptable for service, he undergoes whatever ceremony or requirements of admission the War Department has prescribed. P. 559.
2. Until "actually inducted" within the meaning of § 11 of the Selective Training and Service Act, a registrant under that Act is subject solely to civil, and not to military, jurisdiction. P. 557.
3. A registrant under the Selective Training and Service Act of 1940, whose claim that he was a conscientious objector had been rejected, was ordered by his board to report for induction. At the induction center, he was examined and put in Class 1-B. He informed the officers in charge that he refused to serve in the Army, and that he wanted to turn himself over to the civil authorities. He refused to take the oath, but it was read to him and he was told that he was in the Army. He was then ordered to submit to fingerprinting, but refused to obey. Military charges were preferred against him for willful disobedience of that order.
Held: that he was not subject to trial by court-martial, but was subject solely to civil jurisdiction. Pp. 544, 558.
135 F.2d 505 reversed.
Certiorari, 320 U.S. 725, to review the affirmance of an order, 46 F.Supp. 663, discharging a writ of habeas corpus and remanding the petitioner to the custody of the respondent.
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Chicago: U.S. Supreme Court, "Syllabus," Billings v. Truesdell, 321 U.S. 542 (1944) in 321 U.S. 542 321 U.S. 543. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AW5FZQ6EVZ5Y1J3.
MLA: U.S. Supreme Court. "Syllabus." Billings v. Truesdell, 321 U.S. 542 (1944), in 321 U.S. 542, page 321 U.S. 543. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AW5FZQ6EVZ5Y1J3.
Harvard: U.S. Supreme Court, 'Syllabus' in Billings v. Truesdell, 321 U.S. 542 (1944). cited in 1944, 321 U.S. 542, pp.321 U.S. 543. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AW5FZQ6EVZ5Y1J3.
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