Gibson v. United States, 329 U.S. 338 (1946)
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Gibson v. United States
No. 23
Argued January 2, 3, 1946
Reargued October 23, 1946
Decided December 23, 1946 *
329 U.S. 338
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. Having been denied classification as a minister of religion under the Selective Training and Service Act, classified as a conscientious objector, and ordered to report to a civilian camp for work of national importance, and having exhausted his administrative remedies up to that point, Dodez refused to go to camp. The regulations then applicable provided for a pre-induction physical examination before issuance of the order to report for induction, but not after reporting to camp, so that there was no possibility that he would be rejected after reporting to camp. He was indicted for violating § 11 of the Act, and defended on the ground that his classification was invalid.
Held: he was not required to report to camp in order to complete the administrative process, and is not foreclosed from making the defense that his classification was invalid. Pp. 343-350.
(a) Falbo v. United States, 320 U.S. 549, distinguished on the ground that, under the regulations governing Falbo, he might have been rejected upon a physical examination after reporting to camp. Pp. 343-350.
2. Having been denied classification as a minister of religion under the Selective Training and Service Act, classified as a conscientious objector, and ordered to report to a civilian camp for work of national importance, and having exhausted his administrative remedies, Gibson reported to camp, remained five days, and departed without leave. The regulations then applicable provided for a physical examination after the registrant reported to camp, but required the camp director to note the fact of acceptance of the registrant "irrespective of the determination made as the result of" this examination. He was indicted for violating § 11 of the Act, and defended on the ground that his classification was invalid:
Held: by reporting to a civilian camp, he did not forfeit the right to defend against a charge of desertion on the ground that his classification was invalid, since he remained a civilian, and was not subject to military jurisdiction. Pp. 351-361.
(a) No analogy exists between a selectee inducted into military service who may thereafter obtain his release only by resort to habeas corpus and a selectee reporting to a civilian camp for whom the availability of the remedy of habeas corpus is doubtful. Pp. 356-361.
3. On review of a conviction in a criminal case, the Government’s confession of error does not relieve this Court of the duty to examine independently the errors confessed. P. 344, n. 9.
4. This Court is not required to determine these cases finally on their merits, but remands them for further proceedings in the trial court. Pp. 350-351, 361-362.
149 F.2d 751 and 154 F.2d 637, reversed.
No. 23. Petitioner was convicted for violating § 11 of the Selective Training and Service Act by unlawfully deserting camp. The Circuit Court of Appeals affirmed. 149 F.2d 751. This Court granted certiorari, 326 U.S. 708, and, after hearing argument, restored the case to the docket for reargument before a full bench. Reversed, p. 362.
No. 86. Petitioner was convicted for violating § 11 of the Selective Training and Service Act by failing to report to camp. The Circuit Court of Appeals affirmed. 154 F.2d 637. This Court granted certiorari. 328 U.S. 828. Reversed, p. 362.