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UNITED STATES v. WERNECKE

No. 8329.

138 F.2d 561 (1943)

UNITED STATES v. WERNECKE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 2, 1943.

Attorney(s) appearing for the Case

Theodore W. Miller and Ode L. Rankin, both of Chicago, Ill., for appellant.

J. Albert Woll and Richard G. Finn, U. S. Attys., and John Owen, Asst. U. S. Atty., all of Chicago, Ill., for appellee.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The defendant-appellant registered under and was subject to the Selective Training and Service Act of 1940. In the case at bar, he was charged in two counts with the violation of Section 311, 50 U.S.C.A. Appendix.1

In the first count it was charged as follows: "* * * did unlawfully, knowingly, wilfully, and feloniously fail and neglect to perform a certain duty which...

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