Newcomb

It appeared at the hearing that the appellant, a Jehovah’s Witness, is seeking the settlement of a bill of exceptions on appeal to this court from a sentence imposed after an adverse verdict in a trial for a violation of his duty to obey an order of his Selective Service Board.

Appellant moves to enlarge the bill of exceptions to include facts showing that in imposing the sentence appealed from the trial judge erred in adding a fine to his sentence of imprisonment, because appellant had not waived his right to a jury trial and hence had caused an added expense to the government, ’while in cases where the jury was waived no fine was imposed.

There was no motion for a new trial on such a ground. .The tendered evidence consists of nothing in the record in this case other than that the appellant did not waive his jury and that his sentence consisted of both a fine and imprisonment.

The material sought to be incorporated into the bill of exceptions consists of (a) alleged statements of the trial judge in two prior trials for similar offenses tending to show that in those cases this judge, in imposing sentence, took into consideration the fact that the defendants there preferred…