United States v. Anderson

Summary

The Supreme Court considered whether venue for a criminal prosecution under the Selective Training and Service Act for refusal to submit to induction was proper in the district where the refusal occurred or where the draft board was located. The Court held that the offense occurred at Fort Lewis, where the defendant refused to take the induction oath, and reversed the district court's judgment sustaining the demurrer.

Holdings

1. The Criminal Appeals Act authorized the United States to appeal directly from the District Court's order sustaining the demurrer because the ruling necessarily construed the statute under which the indictment was brought.
2. Venue for the prosecution was proper in the district where Anderson refused to take the induction oath, Fort Lewis, rather than in the district where his draft board was located.

Questions Presented

1. Whether the Supreme Court had jurisdiction over the United States' direct appeal from the District Court's order sustaining a demurrer to the indictment.
2. Whether venue for a prosecution under § 11 of the Selective Training and Service Act for refusal to submit to induction lay in the district where the refusal occurred or in the district where the draft board was located.

Disposition

reversed