MATHEWS, Circuit Judge.
Appellant was indicted in two counts. Count 1 was dismissed. Appellant was tried, convicted and sentenced on count 2 and has appealed. The question presented is whether count 2 charged an offense.
Count 2 was based on § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, which provides that "any person * * * who in any manner shall knowingly fail or neglect to perform any duty required of him...
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