Fink

Appellant was charged by information with having violated §§ 4(a) and 205(b) of the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix §§ 904(a) and 925(b). 1 The information was in four counts. Count 1 was dismissed. Appellant was arraigned, pleaded not guilty, waived trial by jury, was tried by the court and was adjudged guilty on counts 2, 3 and 4. Imposition of sentence on count 3 was suspended. Appellant was sentenced on counts 2 and 4 and has appealed.

Appellant’s principal contention is that the Emergency Price Control Act of 1942 is unconstitutional. The Act was held constitutional by the Supreme Court on March 27, 1944. 2 Appellant’s contention is therefore rejected.

One of appellant’s assignments of error asserts that the information “failed to state a public offense,” meaning, we suppose, that it failed to charge an offense against the United States. There is no merit in this assignment. Each count of the information charged an offense against the United States, namely a violation of §§ 4(a) and 205(b) of the Emergency Price Control *444 Act of 1942, 50 U.S.C.A. Appendix §§ 904 (a) and 925(b).

Three of appellant’s assignments assert that the court erred in…