Legal Opinion

Swingle v. United States

Court of Appeals for the Tenth Circuit

Decided October 22, 1945No. 3149, 3150PublishedCited by 22 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

Swingle and Jensen were charged by separate indictments with failure to report for induction in violation of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 311. The cases were consolidated for trial. The jury returned verdicts finding each defendant guilty. Each was sentenced to a term of two years in an institution of the penitentiary type.

When the trial commenced, the court inquired if the defendants were present. Their counsel answered that they were present in the court room. The court directed them to come forward. The…

2Cases cited3 opinions

  1. Holt v. United StatesSupreme Court of the United States · 1910
  2. People v. CurranIllinois Supreme Court · 1918
  3. State v. ClarkWashington Supreme Court · 1930

3Cited by22 opinions

  1. Jesse James Gilbert v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  2. Prucha v. Department of Motor VehiclesNebraska Supreme Court · 1961
  3. Lima Lynn Kivette and Dow Kivette v. United StatesCourt of Appeals for the Fifth Circuit · 1956
  4. State v. MorseArizona Supreme Court · 1980
  5. Walton v. City of RoanokeSupreme Court of Virginia · 1963

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