Fannon

Fannon v. United States

Good Law
11 Alaska 91·155 F.2d 720·1946 U.S. App. LEXIS 2252
United States Court of Appeals for the Ninth CircuitMay 21, 1946No. 11107California501 words

Opinion

lead Opinion

Mathews, J.

John Fannon was indicted, tried, convicted and sentenced- and has appealed.

The indictment 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 *92 manner shall knowingly fail or neglect to perform any duty required of him under or in the execution of this Act, or rules or regulations made pursuant to this Act, * * * shall, upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment.”

The indictment charged that “The said John Fannon, on or about the 30th day of October, 1944, within the jurisdiction of [the District Court for the Territory of Alaska], then and there being, and being then and there a registrant under the Selective Training and Service Act of 1940, as amended, with the Local Selective Service Board Number One, at Kelso, Washington, and being then and there a transfer registrant with Local Selective Service Board Number One, at Anchorage, Alaska, did wilfully, knowingly, feloniously and unlawfully fail and neglect to…

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