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MARCHETTI v. UNITED STATES

No. 2.

390 U.S. 39 (1968)

MARCHETTI v. UNITED STATES.

Supreme Court of United States.

Reargued October 10, 1967.

Decided January 29, 1968.

Attorney(s) appearing for the Case

Jacob D. Zeldes reargued the cause for petitioner. With him on the brief on the reargument were David Goldstein, Elaine S. Amendola, Francis J. King and Ira B. Grudberg, and on the original argument Messrs. Goldstein, King and Grudberg.

Francis X. Beytagh, Jr., reargued the cause for the United States, pro hac vice. With him on the brief on the reargument were Acting Solicitor General Spritzer, Assistant Attorney General Vinson, Beatrice Rosenberg and Jerome M. Feit, and on the original argument Solicitor General Marshall, Assistant Attorney General Vinson, Miss Rosenberg and Theodore George Gilinsky.

MR. JUSTICE HARLAN delivered the opinion of the Court.

Petitioner was convicted in the United States District Court for the District of Connecticut under two indictments which charged violations of the federal wagering tax statutes. The first indictment averred that petitioner and others conspired to evade payment of the annual occupational tax imposed by 26 U. S. C. § 4411. The second indictment included two counts: the first

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