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ROEDEL v. UNITED STATES

No. 10435.

145 F.2d 819 (1944)

ROEDEL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1944.

Attorney(s) appearing for the Case

James B. O'Connor, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and William E. Licking, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant was indicted for violating § 2 of the Act of April 20, 1918, c. 59, 40 Stat. 534, 50 U.S.C.A. § 102, which provides: "When the United States is at war, whoever, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, * * * shall willfully injure or destroy, or shall attempt to so injure or destroy, any war material, war premises, or war utilities...

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