Zuziak

The appeal is from a judgment of conviction for a violation of the Selective Training and Service Act of 1940, 50 U.S.C.A. § 301 et seq.

The indictment charged that appellant, being a male citizen of the United States of the age of thirty-one years, and under the duty to present himself for and submit to registration under the provisions of § 2 of the Act of Congress known as the Selective Training and Service Act of 1940, 50 U.S.C.A. § 302 , on or about the 18th day of October, 1940, upon being discharged from a jail, to wit, the city prison of the City and County of San Francisco, of which he was then an inmate, did then and there unlawfully, knowingly, etc., refuse and fail to present himself for and submit to registration and selective compulsory military training as in the act provided. Appellant demurred to the indictment and his demurrer was overruled. Upon his conviction he moved in arrest of judgment, and the motion was denied.

It is claimed that the court erred in both of these respects in that the indictment fails to charge an offense against the laws of the United States. Appellant’s argument is that the act is not effective until such time as the President issues…