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HOPPER v. UNITED STATES

No. 10110.

142 F.2d 181 (1944)

HOPPER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 18, 1944.

Attorney(s) appearing for the Case

Charlie W. Clark, of Phoenix, Ariz., for appellant.

Frank E. Flynn, U.S. Atty., and E. R. Thurman, Asst., both of Phoenix, Ariz., for appellee.

Before WILBUR, GARRECHT, DENMAN, MATHEWS, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This appeal is from a judgment of conviction under § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 311. On an earlier hearing, 142 F.2d 167, the judgment was reversed on the ground of the insufficiency of the indictment. A rehearing was granted and the case was again argued, this time before the court sitting en banc. In view of the different result now reached we deem...

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