Hopper v. United States

142 F.2d 181 (1944)

HOPPER

v.

UNITED STATES.

No. 10110.

Circuit Court of Appeals, Ninth Circuit.

December 6, 1943.

Rehearing Denied January 18, 1944.

Charlie W. Clark, of Phoenix, Ariz., for appellant.

Frank E. Flynn, U.S. Atty., and E. R. Thurman, Asst., both of Phoenix, Ariz., for appellee.

Before WILBUR, GARRECHT, DENMAN, MATHEWS, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This appeal is from a judgment of conviction under § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 311. On an earlier hearing, 142 F.2d 167, the judgment was reversed on the ground of…