Tatum

This is an appeal from a judgment of conviction of the appellant by the District Court for the Northern District of California, Southern Division, and a jury thereof.

Appellant, one of Mankind United’s associates, was convicted in the court below under an indictment for a violation of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq.

In the court below and before the Selective Service Agencies, he claimed to be a minister and that he was entitled to a classification as such under the Selective Training and Service Act.

Bagley v. United States, 9 Cir., 144 F.2d 788 disposes adversely to the appellant, of the issue of the availability to the appellant, as a defense to the instant indictment, of the denial of due process by the Selective Service Agencies. The appellant concedes this in his brief.

Remaining in the instant case, however, is the one question as to whether the prosecutor’s argument to the jury was so prejudicial as to require a reversal of the judgment, and thus afford the appellant an opportunity to have a new trial.

In the course of the argument of Government counsel to the jury, the following colloquy ensued:

It will be noted…