Pacman

Appellant was convicted of violating § 11 of the Selective Service and Training Act, 50 U.S.C.A.Appendix, § 311, by failing to obey an order to report for induction into the army.

On the appeal it is conceded that the decision in Falbo v. United States, 320 U.S. 549 , 64 S.Ct. 346 , has foreclosed argument on the bulk of the assignments of error. The chief contentions now urged are that counsel for the government exceeded the bounds of propriety in his argument to the jury, and that the judge himself committed prejudicial error in his comments during the course of the trial. Error is predicated, also, on the rejection of exhibits said to bear on the question of intent. The nature of appellant’s argument calls for a brief summary of the evidence.

Appellant was originally given a lengthy deferment and was then placed in Class I-A, *563 whereupon, claiming to be conscientiously opposed to combatant service, he asked to be placed in Class I-A-O. He was accorded a hearing; and while the board expressed doubt of his sincerity it granted his request. He then asked to be put in Class IV-E. On the denial of the request he sought review with the result that the appeal board by unanimous…