Fogel v. United States

McCORD, Circuit Judge.

On January 22, 1947, an indictment was filed charging Samuel Hannah Fogel with failure to register, in violation of the Selective Training and Service Act'of 1940, 50 U.S.C.A.Appendix, § 301 et seq.1 Fogel waived a jury trial, was tried before the *55court, was found guilty, and was fined $1,000.00 and sentenced to serve eighteen months in the penitentiary.

On appeal Fogel contends: (1) That the court erred in refusing to hold the prosecution was barred by the three-year statute of limitations, 18 U.S.C.A. § 582; the indictment not being found within three years from the…