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HARGROVE v. UNITED STATES

No. 6943.

67 F.2d 820 (1933)

HARGROVE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1933.

Attorney(s) appearing for the Case

B. D. Tarlton and L. Hamilton Lowe, both of Corpus Christi, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Charged in four counts with willfully failing to make and file a return of income for the years 1928 and 1929, and with willfully and knowingly attempting to defeat and evade the payment of income taxes for those years, Hargrove was convicted on them all. On this appeal he makes three points against his conviction, all turning on the matter of his willfulness: (1) That because of the failure of the proof in this respect, he should have had...

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