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TUDOR v. UNITED STATES

No. 10413.

142 F.2d 206 (1944)

TUDOR v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 3, 1944.

Attorney(s) appearing for the Case

W. H. Chester, of Phoenix, Ariz., for appellant.

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

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant was indicted for violating § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311,1 and moved to quash the indictment. The motion was denied. Appellant pleaded not guilty, was tried, was convicted, was sentenced and has appealed.

Four alleged errors are assigned. Assignment 1 is that the court erred in denying the motion to quash the indictment. The denial...

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