UNITED STATES v. GUERTLER

No. 239.

147 F.2d 796 (1945)

UNITED STATES v. GUERTLER.

Circuit Court of Appeals, Second Circuit.

March 1, 1945.


Attorney(s) appearing for the Case

Morris E. Packer, of Brooklyn, N. Y., for appellant.

T. Vincent Quinn, of Brooklyn, N. Y. (Vine H. Smith, of Brooklyn, N. Y., of counsel), for the United States.

Before EVANS, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. The defendant's first contention is that the offense, if any, was committed more than three years prior to the filing of the indictment and is therefore barred by the statute of limitations. We cannot accept that argument. The defendant was under a continuing duty to keep the draft board notified of an address where mail would reach him. He had not done so within the period stated in the indictment. That period did not end until a good deal...

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