United States v. Balogh

L. HAND, Circuit Judge.

Balogh appeals from a judgment, convicting him of failing to report for indue tion into the Army. Both sides waived a jury, and the case was tried to a judge who, at the conclusion of the testimony, found Balogh guilty as charged, and sentenced him to two years imprisonment. Balogh did not dispute that he refused to appear at the time directed in the induction order; but he offered as a defence that the order was itself invalid, because he was entitled to an exemption under § 5(d) of the Act, 50 U.S.C. A. Appendix, § 305(d). The precise issue was whether' the local and…