Schultz v. United States

MATHEWS, Circuit Judge.

Appellant was indicted in two counts. Count 1 was dismissed. Appellant was tried, convicted and sentenced on count 2 and has appealed. The question presented is whether count 2 charged an offense.

Count 2 was based on § 11 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 311, which provides that “any person * * * 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 in the district court of the…