Flannagan

This is an appeal from a judgment sentencing appellant for the sale of a side of beef at a price higher than the maximum fixed by the Price Administration’s Maximum Price Regulation No. 169 under the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq. The conviction was on count ten of the information, the pertinent portions of which read as follows:

Section 1365.401(a) of Regulation 169 provides as follows:

The “person” referred to include “wholesaler,” “peddler truck seller,” “independent wholesaler,” “packer,” and “hotel supply house.” Appellant complains that the information does not state to which class he belongs. The regulation defines a side of beef as “beef wholesale cut.” The highest maximum price for a “side of beef” is allowed to a peddler truck seller. For no one of these classes does the maximum price in Zone 1, which includes California, exceed 22(40 per pound. 8 Fed. Reg. 7675 , 7 Fed.Reg. 10381. We think the information sufficiently describes the offense. Taylor v. United States, 9 Cir., 142 F.2d 808, 814 . There was no error in denying appellant’s motion for an instructed verdict because of the insufficiency of the information.

Nor was…