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Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell

Michigan Law Review

Kulick, a Jehovah's Witness, registered under the Selective Service Act of 1940 and, though he claimed an exemption as a minister, his local draft board classified him 1-A. After he had exhausted his administrative remedies to have this classification changed, he reported for induction, as ordered, but refused to take the oath. For this refusal he was convicted under the provisions of the act and, on May 7, 1945, sentenced to imprisonment for a term of years. On the ground that under the Supreme Court's decision of Falbo v. United States the local board's classification was not open to attack …