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UNITED STATES v. FLEGENHEIMER

No. 287.

82 F.2d 751 (1936)

UNITED STATES v. FLEGENHEIMER et al.

Circuit Court of Appeals, Second Circuit.

March 9, 1936.

Attorney(s) appearing for the Case

Max Schultz, of New York City (Leo H. Klugherz and Richard Klugherz, both of New York City, of counsel), for appellant.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (John W. Burke, Jr., Sp. Asst. to the Atty. Gen., of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

During the progress of the trial of Arthur Flegenheimer upon an indictment charging a willful attempt to evade income taxes, the appellant Di Larmi was called as a witness for the United States. The indictment alleged that the name Joseph Harmon was an alias used by Flegenheimer, and charged that part of the defendant's income was derived from a business for which a bank account was carried in the names of "Joseph Harmon and Rocco De Larmi." Almost...

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