UNITED STATES v. HOFFMAN.

No. 315.

137 F.2d 416 (1943)

UNITED STATES v. HOFFMAN.

Circuit Court of Appeals, Second Circuit.

July 26, 1943.


Attorney(s) appearing for the Case

Joseph S. Byrne, of Brooklyn, N. Y. (Byrne & Byrne, of Brooklyn, N. Y., on the brief), for defendant-appellant.

Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y. (Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Defendant, Robert Carl Hoffman, a youth of twenty, having been found guilty by a jury of failing to report for induction into the Army of the United States, appeals from the judgment and sentence by the court to the maximum term of imprisonment of five years provided by the statute, 50 U.S.C.A. Appendix, § 311. While defendant's own testimony was sharply in conflict with the evidence for the prosecution, there was clearly evidence

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