UNITED STATES v. NELSON

Nos. 410-412.

143 F.2d 584 (1944)

UNITED STATES v. NELSON. SAME v. GIBBS. SAME v. SCHWARTZ.

Circuit Court of Appeals, Second Circuit.

June 30, 1944.


Attorney(s) appearing for the Case

Jay T. Barnsdall, Jr., of Buffalo, N. Y., for appellants.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Austin J. Donovan, Asst. U. S. Atty., of Rochester, N. Y., and Eugene J. Donnelly, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

These three appeals were argued together and may be disposed of in a single opinion. Each appellant was convicted under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, of wilfully failing to perform a duty required of him under the Act and the rules and regulations promulgated pursuant thereto. With respect to Nelson and Schwartz the specific charge was failure to report for final type physical examination; in...

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