UNITED STATES v. WEXLER

No. 67.

79 F.2d 526 (1935)

UNITED STATES v. WEXLER.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.


Attorney(s) appearing for the Case

A. M. Frumberg, of New York City (Julius I. Puente, and William H. Griffin, of Washington, D. C., of counsel), for appellant.

F. W. H. Adams, U. S. Atty., Francis A. Mahony, Asst. U. S. Atty., and Richard J. Burke, Sp. Asst. U. S. Atty., all of New York City, for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


L. HAND, Circuit Judge.

Wexler, the accused, was indicted upon four counts; the first and third being for conspiracy to defraud the income tax; the second and fourth for an attempt to defraud it. The first and second counts were for the year 1930; the third and fourth for 1931. The allegations of the conspiracy counts were that he had been engaged in New York and New Jersey in making and selling beer, out of which he had derived a very large income, to help him to...

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