UNITED STATES v. LAMOTHE

No. 121.

152 F.2d 340 (1945)

UNITED STATES v. LAMOTHE.

Circuit Court of Appeals, Second Circuit.

December 5, 1945.


Attorney(s) appearing for the Case

Julien Cornell, of New York City, for appellant.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Matthew F. Fagan, Asst. U. S. Atty., both of Brooklyn, N. Y., of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


CHASE, Circuit Judge.

The appellant was tried, convicted and sentenced in the District Court for the Eastern District of New York on an indictment charging his willful failure and neglect to report for induction into the armed forces of the United States as required by the provisions of the Selective Training and Service Act of 1940.

He is a citizen of Haiti, having been born in that country in 1913 of parents who were Haitian citizens and brought by them...

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