PHILLIPS, Circuit Judge.
Swingle and Jensen were charged by separate indictments with failure to report for induction in violation of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 311. The cases were consolidated for trial. The jury returned verdicts finding each defendant guilty. Each was sentenced to a term of two years in an institution of the penitentiary type.
When the trial commenced, the court inquired if the...
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