Freeman

These are appeals from convictions upon an indictment and an information charging appellant, respectively, with conspiracy to violate the Second War Powers Act of 1942' 1 and Revised Ration Order No. 16 2 , and with the substantive offense of violating said Act and Order. The indictment and information were consolidated for trial and the appeals are consolidated here.

Appellant, a public accountant in Spokane, Washington, conceived the idea, in the summer of 1944, of establishing a restaurant in Spokane. He, Rose (a co-defendant in the lower court), and one Huse, entered into negotiations with the result that Rose and Huse formed a partnership and employed appellant as paid managing director, and accountant. Appellant loaned $10,000 to Huse for the venture, and when this money had been paid back appellant was to receive a one-sixth interest in the business. The money was not repaid. Before the business was well launched, Huse dropped out.

As managing director appellant negotiated for a lease on the premises to be occupied by the restaurant, signed checks, and had authority (which he exercised) to determine the business policy of the venture.

One Michael, a restaurant man and a…