“ The court also excluded evidence proffered by petitioner to show that the appeal board had rejected his appeal on the ground that, as he was not a member of a recognized religious organization opposed to participation in war, he was not entitled to exemption by the statute, which grants the exemption only to a person 'who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form'. ”

“ To let the Government foreclose the question by producing records here which if ever relevant should have been examined in the court below seems to let the prosecution eat its cake and have it too.
Mr. Justice REED joins in this opinion. ”

“ Bowles v. United States
Argued: April 14, 1943. --- Decided: May 3, 1943
Petitioner has been convicted in the district court of violating § 11 of the Selective Training and Service Act of 1940, 54 Stat. 885, 50 U.S.C.A. Appendix § 311, in that he failed to respond to an order of his draft board to report for induction into the Army. On the trial he set up as a defense that he was entitled to exemption from the draft as a conscientious objector under the provisions of § 5 (g) of the Act, 50 U.S.C.A. Appendix § 305 (g) ”