Toyosaburo Korematsu v. United States

WILBUR, Circuit Judge.

Appellant was convicted of, and placed on probation for five years for, the offense of remaining in that portion of Military-Area No. 1, covered by Civilian Exclusion Order No. 34 of the Commanding General, J. L. DeWitt, issued May 3, 1942, in which all persons of Japanese ancestry are excluded from, and not permitted to remain in, the City of San Leandro, County of Alameda, State of California, after 12 o’clock noon, P.W.T., May 9, 1942. The defendant appealed.

The government moved to dismiss the appeal on the ground that the probationary order was not a final 'order,…