Niznik v. United States

McAllister, circuit judge.

In the above cases, which were consolidated for trial and appeal, appellants were convicted by a jury of the offense of willfully leaving, and thereafter absenting themselves from a Civilian Public Service Camp in violation of the Selective Training and Service Act of 1940, as amended. They claim error in the refusal of .the district court to grant their motions- for judgment of acquittal which they made on the trial, at the conclusion of the proofs.

On appeal, their principal contentions are: (1) that they were deprived of a fair hearing before the appeal draft board…