Tudor

Tudor v. United States

Good Law
142 F.2d 206·1944 U.S. App. LEXIS 3291
United States Court of Appeals for the Ninth CircuitJanuary 3, 1944No. 10413California1,649 words

Opinion

Lead Opinion

Mathews, J.

Appellant was indicted for violating § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, 1 and moved to quash the indictment. The motion was denied. Appellant pleaded not guilty, was tried, was convicted, was sentenced and has appealed.

Four alleged errors are assigned. Assignment 1 is that the court erred in denying the motion to quash the indictment. The denial of a motion to quash an indictment is not reviewable. 2 Hence this assignment cannot be considered.

Assignments 2 and 3 are that the court erred in admitting evidence. 3 These assignments do not, as required by Rule 2 (b) of our rules governing criminal appeals, “quote the grounds urged at the trial for the objection and the exception taken and the full substance of the evidence admitted.” Hence these assignments need not be considered. 4 However, we have considered them and find no merit in them.

Assignment 4 is that the court erred in instructing the jury that, “even if a local draft board acted in an arbitrary and capricious manner, or denies a registrant a full atid fair hearing, nevertheless the registrant must comply with the board’s orders and then defend his dereliction by…

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