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ELDER v. UNITED STATES

No. 10212.

142 F.2d 199 (1944)

ELDER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 10, 1944.

Attorney(s) appearing for the Case

A. L. Wirin, of Los Angeles, Cal., for appellant.

Leo V. Silverstein, U. S. Atty., and Howard V. Calverley, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.

Before GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Donald James Elder was convicted in the United States District Court of violating § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 311, by knowingly failing and neglecting to perform a duty required of him. The court sentenced him to prison. He appeals. Appellant in this court for the first time questions the sufficiency of the indictment to state a crime while conceding the sufficiency of the evidence...

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