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CUMMINGS v. UNITED STATES

No. 10277.

131 F.2d 107 (1942)

CUMMINGS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 5, 1942.

Attorney(s) appearing for the Case

Richard V. Evans, Jr., of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., and Jack H. McGuire, Asst. U. S. Atty., both of Birmingham, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Cecil Cummings was tried and convicted under an indictment charging him with failure to keep in touch with and report his change of address to his local draft board in violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix § 301 et seq., § 311.

The facts are without dispute: On October 16, 1940, Cummings registered in accordance with the provisions of the Selective Training and Service Act. At the...

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