George

The appellant, Joseph Harmon George, registered under the Selective Service Act of 1948, 50 U.S.C.A.Appendix, § 453. On May 9, 1951, an indictment was returned against him on two counts of violation of the Selective Service Act, 50 U.S.C.A.Appendix, § 462, charging him with (1) failure to report for induction and (2) failure to file a classification questionnaire. After waiver of jury, Rule 23(c), Federal Rules of Criminal Procedure, 18 U.S.C.A., and trial by the court, he was found guilty on both counts on June 13, 1951. On July 9, 1951, he was sentenced to imprisonment for a period of three years on each count of the indictment, the sentences to run concurrently.

The facts surrounding the offense are not in dispute. Indeed, the entire record on appeal consists of an agreed statement upon appeal made in accordance with the rules. Rule 39(b) (1), Federal Rules of Criminal Procedure; Rule 76, Federal Rules of Civil Procedure, 28 U.S.C.A.

Appellant was born on December 14, 1931. The violation charged in Count 1 of the indictment occurred on March 28, 1951; that in Count 2 on January 9, 1951.

In the court below, the defendant attacked the validity of the indictment on…