Stein

Stein v. United States

Good Law
153 F.2d 737·1946 U.S. App. LEXIS 3159
United States Court of Appeals for the Ninth CircuitFebruary 18, 1946No. 10694California4,929 words

Opinion

Lead Opinion

Stephens, J.

An amended information (information) containing seventeen counts charged Jacob R. Stein, appellant herein, with the doing of acts in violation of War Production Board (WPB) General Preference Order M-9-a, promulgated pursuant to the Second War Powers Act, Public Law 507, 77th Congress, Chapter 199, 2d Session, 56 Stat. 177 , 50 U.S.C.A.Appendix § 633. Counts 4 and 11 were dismissed; the jury found defendant not guilty as to Count 1; he was convicted and sentenced as to the remaining fourteen.

Each comit charged that appellant on a certain date, the dates ranging from December 3, 1942, to March 16, 1943, did wilfully and unlawfully deliver a stated quantity of a wire mill product, namely copper wire, to a purchaser; that said delivery was not made to fill an order bearing appropriate allocation classification and purchaser’s symbol and bearing a preference rating of AA-5 or higher, or bearing any allocation classification, purchaser’s symbol or preference rating whatsoever; that said delivery was not expressly authorized by the Director General for Operations; that appellant thereby wilfully diverted said wire mill product from the war effort of the United States.

Appellant was…

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