[Download] "Merritt v. United States" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Merritt v. United States
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 15, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellant, a Jehovah's Witness, contending that he is entitled to a ministerial exemption, seeks reversal of a judgment of
conviction of failing and refusing to perform civilian work under the Universal Military Training and Service Act, 50 App.U.S.C.A.
§ 456(j) and 462(a). We affirm. Convinced that the factual setting of this case does not take it out of the ambit of well settled precedents, it suffices
to say that the record clearly discloses that the appellant wholly failed to discharge his burden of establishing a prima
facie case for a ministerial exemption, Dickinson v. United States, 1953, 346 U.S. 389, 74 S. Ct. 152, 98 L. Ed. 132; Witmer
v. United States, 1955, 348 U.S. 375, 75 S. Ct. 392, 99 L. Ed. 428; Matyastik v. United States, 5 Cir. 1968, 392 F.2d 657;
Jones v. United States, 5 Cir. 1968, 387 F.2d 909; Wiggins v. United States, 5 Cir. 1958, 261 F.2d 113, and that there was
substantial basis in fact for the local board's declination to reopen the appellant's classification as a conscientious objector
and to grant him a ministerial exemption. Estep v. United States, 1946, 327 U.S. 114, 66 S. Ct. 423, 90 L. Ed. 567; Wood v.
United States, 5 Cir. 1967, 373 F.2d 894, vacated, other grounds, 389 U.S. 20, 88 S. Ct. 3, 19 L. Ed. 2d 20; Greer v. United
States, 5 Cir. 1967, 378 F.2d 931; Fitts v. United States, 5 Cir. 1964, 334 F.2d 416.