Court of Appeals for the Fifth Circuit February 5, 1917, No. 3024 (Hoskins v. Pell)

lead-opinion

WALKER, Circuit Judge.

On the 21st day of July, 1916, at Jackson, Miss., Oscar J. Pell, Jr., applied for enlistment in a regiment of the National Guard of Mississippi, which prior to' that date the President had called into the service of the United States. He represented himself to be 18 years of age, when in fact he was under 16 years of age, having been born November 1, 1900.