United States v. Kime, 10304.
| Decision Date | 23 May 1951 |
| Docket Number | No. 10304.,10304. |
| Parties | UNITED STATES v. KIME. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Francis Heisler, Chicago, Ill., for appellant.
Gilmore S. Haynie, U. S. Atty., Fort Wayne, Ind., James E. Keating, Asst. U. S. Atty., South Bend, Ind., Noble F. Schlatter, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.
Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.
The appellant, Carl E. Kime, was indicted for failure to have in his personal possession, at all times, a registration certificate in violation of the provisions of the Selective Service Act of 1948, 50 U.S.C.A.Appendix, § 451 et seq., and of the rules and regulations made thereunder. Selective Service System Regulations No. 1617.1, 32 C.F.R. Chap. 16, 1949 Ed. After pleading not guilty, the appellant waived trial by jury, was found guilty by the court and was committed to the custody of the Attorney General, or his authorized representative, for the period of one year.
The record discloses that at the October Term, 1948, in the United States District Court for the Northern District of Indiana, South Bend Division, the federal grand jury indicted appellant for failure to register under the Selective Service Act of 1948. While that indictment (South Bend Criminal Cause No. 1668) was pending and undisposed of, the appellant being at liberty under bail, a regulation was promulgated authorizing the United States Attorney to register a person, in such circumstances, under the terms of the Selective Service Act and Regulations thereunder.
Pursuant to such regulation the District Attorney of the United States in and for the Northern District of Indiana, South Bend Division, registered the appellant with Draft Board Number 72, using information furnished by appellant's attorney in Cause No. 1668.
After appellant was thus registered on September 19, 1949, the Draft Board Number 72, sent him a registration card. Section 1617.1 of the Selective Service Rules and Regulations provides:
Thereafter in a letter dated December 11, 1949, appellant said to Draft Board Number 72:
The record here submitted for review establishes beyond the shadow of a doubt that appellant has deliberately violated the terms of the Selective Service Act and of the regulations made thereunder. This becomes crystal clear when we consider that appellant was registered under the Selective Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., and was for some time, under said Act of 1940, assigned to a public service camp as a conscientious objector. The present Act of 1948,...
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