United States v. Gormly

EVANS, Circuit Judge.

Defendant appeals from a sentence imposed upon a jury’s verdict finding him guilty of a charge of failure to report, under the Selective Service Act, 50 U.S.C.A. Appendix, § 301 et seq., for transportation to a conscientious objectors’ camp. The Local Draft Board’s order was issued August 11, 1942, directing appellant to report on August 24, 1942. He refused to report.

Reversal of judgment is sought because: (1) The term for which the grand jury was impaneled had expired before the return of the instant indictment. (2) The “order” directing the defendant to report, on…