MILLER v. UNITED STATES

No. 10848.

173 F.2d 922 (1949)

MILLER v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

April 13, 1949.


Attorney(s) appearing for the Case

Hayden C. Covington, of Brooklyn, N. Y., and Victor F. Schmidt, of Rossmoyne, Ohio, for appellant.

Frank E. Steel, of Cleveland, Ohio (Don C. Miller, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and ALLEN, Circuit Judges.


HICKS, Chief Judge.

This case is here for the second time. At the first trial appellant was convicted by a jury upon an indictment charging that he "did knowingly fail to report for work of national importance," in violation of Sections 305 and 311, Title 50 U.S.C.A. Appendix.

On the first appeal appellant raised the question that the Order, directing him to report for work of national importance, was invalid in that he had not received a preinduction physical...

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