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HERZOG v. UNITED STATES

No. 14611.

235 F.2d 664 (1956)

J. A. HERZOG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Dissenting Opinion June 1, 1956.

Supplemental Dissenting Opinion June 23, 1956.

Writ of Certiorari Denied October 8, 1956.

Attorney(s) appearing for the Case

Phillips, Avakian & Johnston, Spurgeon Avakian, J. Richard Johnston, Oakland, Cal., Frederick Bernays Wiener, Washington, D. C., for appellant.

Lloyd H. Burke, U. S. Atty., Robert H. Schnacke, John Lockley, Richard H. Foster, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and STEPHENS, HEALY, BONE, ORR, POPE, LEMMON, FEE, and CHAMBERS, Circuit Judges.

Writ of Certiorari Denied October 8, 1956. See 77 S.Ct. 54.

HEALY, Circuit Judge.

Appellant was indicted on three counts charging willful attempted evasion of federal income taxes. Two counts related to 1947 taxes and the third concerned those of 1948. The accused was acquitted on the first two counts and convicted on the third. On appeal the judgment of conviction was affirmed, 9 Cir., 226 F.2d 561.

Appellant petitioned...

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