Elder

Donald James Elder was convicted in the United States District Court of violating § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix § 311, by knowingly failing and neglecting to perform a duty required of him. The court sentenced him to prison. He appeals. Appellant in this court for the first time questions the sufficiency of the indictment to state a crime while conceding the sufficiency of the evidence upon which the finding of guilt was based.

The indictment upon which he was tried charges that appellant “* * * on or about February 23, 1942, at Los Angeles, County of Los Angeles, * * * did knowingly, wilfully, unlawfully and feloniously, having theretofore registered under the Selective Training and Service Act of 1940, and having been theretofore notified to report for work of national importance in lieu of induction in the armed forces of the United States, fail and neglect to perform a duty required of him under and in the execution of said Act and the rules and regulations made pursuant thereto, 'that is to say,' the said defendant did then and there knowingly, wilfully, unlawfully and feloniously fail and neglect to report for work of national…