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UNITED STATES v. KLEE

No. 73-2741.

494 F.2d 394 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar H. KLEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 1, 1974.

Attorney(s) appearing for the Case

David J. Cooper (argued), Jonathan Newman, San Francisco, Cal., Joseph D. Allen, Ukiah, Cal., for defendant-appellant.

Martin A. Schainbaum, Asst. U.S. Atty. (argued), James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Klee was found guilty by a jury under three counts of an indictment charging willful failure to file federal income tax returns for the years 1966, 1967, and 1968, in violation of 26 U.S.C. § 7203. On appeal he alleges that nine errors were committed during his trial. Most of them do not merit discussion.

1. Instruction defining "willfully."

Klee asserts that the trial court incorrectly instructed...

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