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SINGER v. UNITED STATES

No. 30.

323 U.S. 338 (1945)

SINGER ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided January 2, 1945.

Attorney(s) appearing for the Case

Messrs. John W. Cragun and William Stanley submitted for petitioners.

Mr. James M. McInerney argued the cause, and Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Robert S. Erdahl, Ralph F. Fuchs, and Leon Ulman were on the brief, for the United States.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioners are father and son. They and one Walter Weel were indicted in one count charging a conspiracy to aid Willard I. Singer in evading service in the armed forces. No overt act was alleged. A demurrer to the indictment was overruled which claimed that an overt act was necessary. Petitioners were tried before a jury, found guilty and sentenced. Petitioner Willard...

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