UNITED STATES v. CLEVELAND

No. 72-1471.

477 F.2d 310 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. CLEVELAND, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1973.

Rehearing Denied May 7, 1973.


Attorney(s) appearing for the Case

Joseph A. Lamendella, Samuel J. Betar, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck and Ann P. Sheldon, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

Defendant was indicted and convicted on three counts of tax evasion in violation of 26 U.S.C. § 7201. On appeal, he raises numerous issues relating to the sufficiency of the evidence, several evidentiary rulings, the voir dire, the instruction of the jury, and the application of the Jencks Act, 18 U.S.C. § 3500. Only the final point has merit.

The prosecution was based on the "net worth" theory of proof. This theory...

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