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SUNAL V. LARGE, 332 U. S. 174 (1947)

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U.S. Supreme Court

Sunal v. Large, 332 U.S. 174 (1947)

Sunal v. Large

No. 535

Argued April 1, 1947

Decided June 23, 1947*

332 U.S. 174


1. In a criminal prosecution under the Selective Training and Service Act of 1940 for failure to submit to induction into the Army, a federal district court improperly denied to a defendant who had fully exhausted his administrative remedy the right to defend on the ground of the invalidity of his classification by the local Board as available for military service, rather than as an exempt minister of religion. He was convicted and sentenced to imprisonment, but took no appeal.

Held: he could not later obtain a review of his conviction by a habeas corpus proceeding. Pp. 332 U. S. 175-184.

2. In the circumstances of this case, the failure of the defendant to take an appeal from the judgment of conviction cannot be justified on the ground that an appeal was deemed futile because of the state of the law at that time -- i.e., after the decision of this Court in Falbo v. United States, 320 U. S. 549, and before the decision in Estep v. United States, 327 U. S. 114. P. 332 U. S. 181.

3. The trial court's error in the ruling on the question of law did not deprive the defendant of any right under the Federal Constitution. P. 332 U. S. 182.

157 F.2d 165, affirmed.

157 F.2d 811, reversed. chanroblesvirtualawlibrary

Page 332 U. S. 175

No. 535. In a habeas corpus proceeding, the District Court discharged the writ and remanded petitioner to the custody of the respondent. The Circuit Court of Appeals affirmed. 157 F.2d 165. This Court granted certiorari. 329 U.S. 712. Affirmed, p. 332 U. S. 184.

No. 840. In a habeas corpus proceeding, the District Court discharged the writ and remanded the relator here to custody. 66 F.Supp. 183. The Circuit Court of Appeals reversed, and ordered the discharge of the relator from custody. 157 F.2d 811. This Court granted certiorari. 329 U.S. 712. Reversed, p. 332 U. S. 184.

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