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UNITED STATES v. JOHNSON

No. 7795.

129 F.2d 954 (1942)

UNITED STATES v. JOHNSON.

Circuit Court of Appeals, Third Circuit.

Decided June 30, 1942.

Attorney(s) appearing for the Case

Benjamin M. Golder, of Philadelphia, Pa. (John Rauffenbart, of Atlantic City, N. J., and Walter G. Winne, of Hackensack, N. J., on the brief), for appellant.

Joseph W. Burns, Sp. Asst. U. S. Atty., of Washington, D. C. (Charles M. Phillips, U. S. Atty., of Trenton, N. J., Gordon B. Tweedy, Earl C. Crouter, and Robert R. Barrett, Attys., Department of Justice, both of Washington, D. C., on the brief), for the United States.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

Facts.

The appellant was indicted upon an indictment consisting of three counts. Each count charged an offense against Section 145(b) of the Revenue Act of 1936, Act of June 22, 1936, c. 690, 49 Stat. 1648, 26 U.S.C.A. Int.Rev.Code, § 145(b), which provides in part that "* * * any person who willfully attempts in any manner to evade or defeat any tax imposed by this title [chapter] or the payment thereof, shall, * * * be guilty...

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