Jasmagy

William Jasmagy, Jr., was charged with haying knowingly failed to perform a duty required of him under the Selective Service Act, 50 U.S.C.A.Appendix, § 451 et seq., that is, knowingly failing and neglecting to report for induction after having been ordered so to do. Defendant pleaded not guilty, and waived a jury and the right to request special findings of fact.

At the beginning of the trial the United States moved to quash a subpoena which defendant had directed to the Special Agent in Charge of the F.B.I., Los Angeles Office, to the United States Attorney and to Hon. Homer D. Crotty, requesting that the named persons appear at the trial and bring the “complete secret investigative report made by the F.B.I. agents” or others, which was submitted to the Hearing Officer and considered by him in making his report to the Department of Justice, and the secret recommendation of the Hearing Officer to the Department of Justice.

The Court reserved its ruling on the motion to quash.

The trial proceeded; Mrs. Elva W. Lovelace, the Clerk of Local Draft Board No. 138 testified, and the photóstatic copy of the original Selective Service file was received in evidence over the objection of…