FOGEL v. UNITED STATES

No. 12181.

167 F.2d 763 (1948)

FOGEL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 28, 1948.


Attorney(s) appearing for the Case

Howard Dailey of Dallas, Tex., for appellant.

Frank B. Potter, U. S. Atty., of Fort Worth, Tex., Wm. Cantrell, Jr., and Clyde G. Hood, Asst. U. S. Attys., both of Dallas, Tex., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


McCORD, Circuit Judge.

Samuel Hannah Fogel was indicted on January 22, 1947, for having failed to register for the draft on or about February 16, 1942, in violation of the Selective Training and Service Act of 1940, as amended, c. 720, 54 Stat. 885, 50 U.S.C.A. Appendix, § 301 et seq.

On February 19, 1947, having waived a trial by jury, Fogel was tried by the court, convicted, and sentenced to serve eighteen months in a penitentiary, and to pay a fine...

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