Roedel

Appellant was indicted for violating § 2 of the Act of April 20, 1918, c. 59, 40 Stat. 534 , 50 U.S.C.A. § 102 , which provides: “When the United States is at war, whoever, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, * * * shall willfully injure or destroy, or shall attempt to so injure or destroy, any war material, war premises, or war utilities, as herein de *820 fined, 1 shall, upon convictión thereof, he fined not more than $10,000 or imprisoned not more than thirty years, or both.”

The indictment charged, in substance, that on or about July 28, 1942, the United States being then at war, appellant, with intent to interfere with and obstruct the United States in carrying on the war, wilfully attempted to set fire to, and so wilfully attempted to injure, the premises known as Hopeman Brothers, Inc. Warehouse, Richmond Shipyard No. 2, Richmond, California, said premises consisting of buildings wherein war material was being produced and manufactured.

Appellant was arraigned, pleaded not guilty, was tried, convicted and sentenced, and has appealed.

Six alleged errors were assigned. Three…