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United States v. Stephens

decided: July 2, 1971.

UNITED STATES OF AMERICA
v.
ALLEN DINARDO STEPHENS, APPELLANT



Seitz, Aldisert and Rosenn, Circuit Judges. Aldisert, Circuit Judge (concurring).

Author: Rosenn

Opinion OF THE COURT

ROSENN, Circuit Judge.

Appellant was convicted, after a bench trial in the district court, on January 19, 1971, of failing to comply with an order to report for induction on January 13, 1969, in violation of 50 U.S.C. App. ยง 462. This appeal followed.

Appellant completed the Classification Questionnaire (Form 100) required of all new draft registrants on February 6, 1968. On that questionnaire he signed "Series VIII" which stated:

I claim to be a conscientious objector by reason of my religious training and belief and therefore request the board to furnish me a Special Form for Conscientious Objector (SSS Form 150).

Thereupon, his local board mailed him a Form 150, which he filled out. In answering Series II, "Religious Training and Belief," he provided the following answer, pertinent here:

1. Do you believe in a Supreme Being?

[Answer] Yes.

2. Describe the nature of your belief which is the basis of your claim made in Series I above,*fn1 and state whether or not your belief in a Supreme Being involves duties which to you are superior to those arising from any human relation.

[Answer] In answering question two in Series II I am using this scripture from Cor. 10:3.

Though we walk in in [sic] flesh we do not wage warfare according to what we are in flesh. For the weapons of our warfare are not fleshly, but powerful by God for overturning stongly [sic] entrenched things.

3. Explain how, when, and from whom or from what source you received the training and acquired the belief which is the basis of your claim made in Series I above.

[Answer] I have attended meetings with with [sic] my mother her being a Jehova's [sic] Witness and also congregational meetings.

5. Under what circumstances, if any, do you believe in the use of force?

[Answer] Under no circumstances.

7. Have you ever given public expression, written or oral, to the views herein expressed as the basis for your ...


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