Schultz

Appellant was indicted in two counts. Count 1 was dismissed. Appellant was tried, convicted and sentenced on count 2 and has appealed. The question presented is whether count 2 charged an offense.

Count 2 was based on § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, which provides that “any person * * * who in any manner shall knowingly fail or neglect to perform any duty required of him under or in the execution of this Act, or rules or regulations made pursuant to this Act, * * * ■ shall, upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment.”

Section 641.3 of the Selective Service Regulations 1 made pursuant to the Act provides that “It shall be the duty of each registrant 2 to keep his local board 3 advised at all times of the address where mail will reach him.”

Count 2 charged “That [appellant], hereinafter called the defendant, is a male person within the class made subject to selective service under the Selective Train *722 ing and Service Act of 1940; that defendant…