How have courts treated the issue of classification in a non-jury trial?

MultiRegion, United States of America

The following excerpt is from United States v. Mizrahi, 417 F.2d 246 (9th Cir. 1969):

On appellant's appearance before his local board he stated he would accept I-A-O classification which would exempt him only from combatant training and service. The board thus classified him I-A-O. In the court below he insisted, as stated in footnote 1 of the majority, that his decision was hastily made and was induced by the coercion of his local board and misunderstanding of his rights. The trial court in the non-jury trial by its finding of "guilty," found against the appellant on these contentions. When such issues are tried below, the jury's verdict or the finding of the trial court sitting without a jury, disbelieving the testimony of the defendant, disposes of these contentions. United States v. Cralle, 415 F.2d 1065 (9 Cir. 8/14/69).

[417 F.2d 251]

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