Hopper

Appellant appeals from a judgment sentencing him to imprisonment for two years for violation of § 11 of the Selective Training and Service Act of 1940, 54 Stat. 894 , 50 U.S.C.A.Appendix, § 311, hereafter called the Act.

The pertinent portions of the indictment charge that appellant “having there *168 tofore registered under the Selective Training and Service Act of 1940, on or about the 22nd day of June, A. D. 1941, and within the District oí Arizona, did knowingly, wilfully, unlawfully and feloniously fail and neglect to perform the duty required of him under and in the execution of said Act, and the rules and regulations made pursuant thereto, that is to say, that the said defendant, Robert Earl Hopper, having been theretofore classified by his local draft board at Prescott, Arizona, as a conscientious objector, and found fit for general service, did then and there, knowingly, wilfully, unlawfully and feloniously fail and neglect to report as a conscientious objector for civilian work of national importance when notified so to do by his local draft board; * *

Appellant moved to quash the indictment on the ground that it did not “state facts sufficient to constitute a crime or…