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UNITED STATES v. McELVAIN

No. 266.

272 U.S. 633 (1926)

UNITED STATES v. McELVAIN ET AL.

Supreme Court of United States.

Decided December 6, 1926.

Attorney(s) appearing for the Case

Solicitor General Mitchell, Assistant Attorney General Willebrandt, and Mr. Sewall Key, Attorney in the Department of Justice, for the United States, submitted.

Mr. John J. Healy for defendants in error, submitted. Mr. John H.S. Lee was also on the brief.

MR. JUSTICE BUTLER delivered the opinion of the Court.

October 3, 1924, defendants in error were indicted under § 37 of the Criminal Code (35 Stat. 1088, 1096) for conspiracy to defraud the United States in respect of its internal revenue. It is charged that they conspired to make a false income and profits tax return for 1920 for the Freeman Coal Mining Company, and that they caused

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