United States v. Winnicki

KERNER, Circuit Judge.

Defendant was indicted for violating Ration Order 1A issued by the Office of Price Administration pursuant to Section 2(a) (5) of Title III of the Second War Powers Act, 50 U.S.C.A.Appendix, § 633.1 The indictment was in three counts, and defendant’s demurrer to each count was sustained. Under 18 U.S.C.A. § 682, the United States has appealed.

Defendant was charged in Count I with unlawfully receiving the transfer of four passenger automobile tires2 and in Count III with the unlawful possession thereof.3

The pertinent provision of Ration Order 1A alleged to have been…