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SULLIVAN v. UNITED STATES

No. 7612.

75 F.2d 622 (1935)

SULLIVAN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 5, 1935.

Attorney(s) appearing for the Case

F. C. Struckmeyer and I. A. Jennings, both of Phoenix, Ariz., for appellant.

Clifton Mathews, U. S. Atty., and F. E. Flynn, Asst. U. S. Atty., both of Phoenix, Ariz.

Before WILBUR and GARRECHT, Circuit Judges, and CAVANAH, District Judge.

CAVANAH, District Judge.

The appellant was indicted and charged in two counts with willful attempt to defeat and evade his income tax due the United States for the years 1930 and 1931; the deficiency being the sum of $16.40 for the year 1930, in count 1, and the sum of $378.14 for the year 1931, in count 2. He was acquitted on the first count and convicted on the second. The sufficiency of the evidence to support the verdict is not disputed.

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