Bartchy v. United States, 319 U.S. 484 (1943)

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Bartchy v. United States


No. 762


Argued May 12, 1943
Decided June 7, 1943
319 U.S. 484

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FITH CIRCUIT

Syllabus

1. Sec. 11 of the Selective Training and Service Act and § 641.3 of the rules made pursuant thereto, declaring it the duty of each registrant to keep his local board advised of the address where mail will reach him, do not require a registrant who is expecting a notice of induction to remain at any one place or to notify the local board of his every move or of his every temporary address. P. 488.

2. The requirement of the rule is satisfied when the registrant, in good faith, provides a chain of forwarding addresses by which mail, sent to the address which is furnished the board, may be by the registrant reasonably expected to come into his hands in time for compliance. P. 489.

3. The evidence in this case does not justify the inference that the petitioner had not shown diligence in keeping the local board advised of his whereabouts, or had endeavored to avoid delivery of the board’s notice of induction. P. 489.

132 F.2d 348, reversed.

Certiorari, 318 U.S. 754, to review a judgment affirming a conviction under § 11 of the Selective Training and Service Act.