CRUTCHFIELD v. UNITED STATES

No. 10200.

142 F.2d 170 (1943)

CRUTCHFIELD v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Dissenting Opinion April 9, 1943.

Dissenting Opinion May 22, 1943.


Attorney(s) appearing for the Case

Clarence E. Rust, of Oakland, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan, Asst. U. S. Atty., both of San Francisco, Cal., and Emmet J. Seawell, of Sacramento, Cal., for appellee.

Before WILBUR, DENMAN, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

Appellant was indicted in two counts for violation of § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix § 311. After trial before the court, a jury having been waived, he was found guilty on both counts and was sentenced to imprisonment for two years on each, the sentences to run concurrently. At the close of the government's case, and again at the conclusion of all the evidence, appellant moved for dismissal...

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