Cervantes

This is an appeal from conviction under the Selective Service Act of 1940, 50 U.S.C.A. Appendix, § 311, providing, so far as pertinent, that

“ * * * any person * * * who otherwise evades registration or service in the land or naval forces or any of the requirements of [the Selective Service] Act * * * or 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 * * * be punished >jí Jji # »

The indictment charged appellant with (1) failing to report for induction and (2) going to Mexico to evade service in the armed forces. The jury brought in a verdict of guilty on both counts.

Defendant was born in Mexico on August 12, 1919, and was brought to the United States in 1923. He lived continuously around Los Angeles, California, and received his education there in the public schools, a grade school, junior high school and then trade school, continuing his schooling until 18 years of age. He married and made his home there, where he had three children, all born in the United States and whom he left there with his wife during the period of…