EVAN A. EVANS, Circuit Judge.
Defendant was convicted of violating section 253 of the Revenue Law (Comp. St. Ann. Supp. 1923, § 6336 1/8v), which condemns a willful evasion of the income tax.
The indictment contains two counts, one dealing with the 1920, and the other the 1921 return. From his 1920 return defendant omitted two items, one for $3,782.50, and one for $1,200. From the 1921 return he omitted two items, one for $4,250, and the other for $8...
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