This section contains the nature of the case and procedural background.

McKart (D) was convicted for failing to report for induction into the armed forces. He had originally been classified as 4-A, exempt from induction because he was the sole surviving son in a family whose head had been killed in WWII. D's mother died, and then he was reclassified as 1-A on the basis that the family unit had ceased to exist. D did not appear before the Selective Service Board to contest reclassification, and he also failed to report for induction.

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