Chih Chung Tung v. United States

WOODBURY, Circuit Judge.

This is an appeal from a judgment sentencing the defendant to a term of imprisonment after he had been found guilty by the court below (the defendant waived his right to trial by jury and the United States Attorney assented) of knowingly failing to perform a duty imposed upon him by the Selective Training and Service Act of 1940, 54 Stat. 885, 50 U.S.C.A. Appendix, § 301 et seq., to wit: refusing to comply with an order to report for induction.

The following facts appear from papers taken from the files of the defendant’s local board and introduced into evidence at the…