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CANDLER v. UNITED STATES

No. 10946.

146 F.2d 424 (1944)

CANDLER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1945.

Attorney(s) appearing for the Case

Bernard A. Golding, of Houston, Tex., for appellant.

Brian S. Odem, U. S. Atty., Joseph W. Cash and James K. Smith, Asst. U. S. Attys., all of Houston, Tex., for appellee.

Before HOLMES, McCORD, and LEE, Circuit Judges.

McCORD, Circuit Judge.

Charles Edward Candler was found guilty by the trial court of knowingly, wilfully and feloniously failing to perform a duty imposed upon him by the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix § 301 et seq.

The indictment contains two counts: (1) Knowingly, willfully and feloniously failing to report for induction into the armed forces of the United States under the provisions of the Act when ordered by his local...

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