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FALBO v. UNITED STATES

No. 73.

320 U.S. 549 (1944)

64 S.Ct. 346

88 L.Ed. 305

FALBO v. UNITED STATES.

Supreme Court of United States.

Decided January 3, 1944.

Attorney(s) appearing for the Case

Mr. Hayden C. Covington, with whom Mr. Victor F. Schmidt was on the brief, for petitioner.

Solicitor General Fahy, with whom Assistant Attorney General Tom C. Clark, and Messrs. Robert S. Erdahl and Valentine Brookes were on the brief, for the United States.

Messrs. Julien Cornell, Harold Evans, Ernest Angell, and Osmond K. Fraenkel filed a brief on behalf of the National Committee on Conscientious Objectors of the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioner was indicted on November 12, 1942, in a federal District Court in Pennsylvania for knowingly failing to perform a duty required of him under the Selective Training and Service Act of 1940.1 The particular charge was that, after his local board had classified him as a conscientious objector, he wilfully failed to obey the board...

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