Corson

Corson v. United States

Good Law
147 F.2d 437·1944 U.S. App. LEXIS 2384
United States Court of Appeals for the Ninth CircuitDecember 29, 1944No. 10607California1,172 words

Opinion

Lead Opinion

Stephens, J.

Count 2 of the information, upon which appellant, Lester Arthur Corson, was tried and convicted on the 2d day of September, 1943, charged that appellant “did knowingly, wilfully and unlawfully assign and transfer to Edgar E. Thompson eight hundred (800) Type ‘TT’ gasoline ration coupons in a manner other than in accordance with the provisions of Ration Order 5C (7 Fed.Reg. 9135), as amended, in violation of the provisions of Section 1394.8177 (b) of said Ration Order 5C, as amended, issued pursuant to the provisions of the Second War Powers Act, Pub.L. 507, 77th Cong.2d Sess., March 27, 1942; * * Corson appeals from the judgment entered upon the verdict.

Ration Order 5C was issued by the Office of Price Administration and provides that: “(b) No person shall transfer or assign and no person shall accept a transfer or assignment of any coupon book or any bulk, inventory or other coupon (whether or not such book was issued as a ration or as part of a ration book) or other evidence, except in accordance with the provisions of Ration Order No. 5C.” [§ 1394.8177(b)]

Section 2(a) of the Second War Powers Act, 50 U.S.C.A.Appendix, § 633, authorizes the President to provide for…

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