Pearson

Defendant below, A. M. Pearson, appeals from a judgment of conviction and sentence of the district court for the violation of Maximum Price Regulation No. 165, as amended, 1 issued pursuant to Section 2(a) of the Emergency Price Control Act of 1942, Pub.L. 421, 77th Cong., 2nd Sess., 56 *951 Slat. 23, January 30, 1942, 50 U.S.C.A.Appendix § 902(a).

We are here concerned with count six only of eleven counts in an information filed. Count six charges the appellant with knowingly, wilfully, and unlawfully selling and supplying to an individual service on a certain radio for a sum in excess of the maximum price permitted by the Regulation.

Appellant owns and operates a radio repair shop, and, as required by the Regulation, he filed a list of service and testing charges with the Office of Price Administration. The rate for “time” was $2 per hour, with fractions figured at 20$ for five minutes or fractions thereof; 40$ for ten minutes or fractions thereof over five minutes; and 50$ for each fifteen minutes. Time charges were to cover that actually spent on repairs and were not to include “overhead”, for which the additional charge of 10$ to $2.50 was to be made. Tube replacements…