Halverson

The Second War Powers Act of 1942, § 2(a) (2), 1 authorized the President to allocate defense material or facilities in such manner and to such extent as he might deem essential to the public interest or to promote the national defense. Section 2(a) (5) thereof provided, in part, that “any person who willfully performs any act” prohibited by the statute, or by any provision of any regulation or order thereunder, shall be punishable by a fine of not more than $10,000 or imprisonment for not more than one year or both. Pursuant to this law the Food Administration issued War Food Order 17. Section 1407.2 of this order, as it stood in December of 1944, imposed restrictions relative to raisin variety grapes. Subdivision (b) (3) thereof provided: “No person may, unless specifically authorized by the Director, purchase, accept delivery of, or use any raisins * * * for conversion into alcohol, brandy, wine, any other beverage (whether alcoholic or not), any concentrate, any syrup, or any non-food product or non-food byproduct.”

Appellant was charged with substantive violations of this Act and order, and with conspiracy. He was acquitted of the conspiracy charge but was convicted of the…