United States v. Anderson, 328 U.S. 699 (1946)

United States v. Anderson

No. 447

Argued March 26, 1946
Decided June 10, 1946
328 U.S. 699

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF WASHINGTON

Syllabus

1. In a criminal prosecution under § 11 of the Selective Training and Service Act, for refusal of the defendant to submit to induction into the armed forces, the venue is properly laid in the judicial district where the act of refusal occurred, rather than in the district where the draft board which issued the order is located. P. 704.

2. In a prosecution under § 11 of the Selective Training and Service Act for refusal to submit to induction, a judgment of the District Court sustaining a demurrer to the indictment on the ground of improper venue is appealable directly to this Court under the Criminal Appeals Act. Pp. 700-702.

60 F.Supp. 649 reversed.

A demurrer to an indictment of the appellee for a violation of the Selective Training and Service Act was sustained by the District Court. 60 F.Supp. 649. The Government appealed directly to this Court under the Criminal Appeals Act. Reversed, p. 706.