Bowles v. United States, 319 U.S. 33 (1943)

Bowles v. United States


No. 589


Argued April 14, 1943
Decided May 3, 1943
319 U.S. 33

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. The Court takes judicial notice of a decision of the Director of Selective Service rendered on an appeal pursuant to the Selective Training and Service Act of 1940. P. 35.

2. Upon review here of a conviction under § 11 of the Selective Training and Service Act of 1940 for failure of the defendant to respond to an order of his draft board to report for induction into the Army, it appears that the induction order rests not on the alleged erroneous interpretation of the Act which the defendant urged as a defense to the criminal proceeding, but on the Selective Service Director’s controlling determination of fact, adverse to the defendant’s claim of conscientious objection to military service, and the judgment is affirmed. P. 35.

3. The trial court’s denial to the defendant of access to his Selective Service file, review of which ruling was not here sought, was, at most, harmless error. P. 36.

131 F.2d 818 affirmed.

Certiorari, 318 U.S. 749, to review the affirmance of a conviction for violation of the Selective Training and Service Act.