ROSE v. UNITED STATES

No. 2316.

128 F.2d 622 (1942)

ROSE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 16, 1942.


Attorney(s) appearing for the Case

Edward M. Box, of Oklahoma City, Okl. (L. E. McElroy, of Oklahoma City, Okl., on the brief), for appellant.

Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Joseph P. O'Connell, Sp. Asst. to Atty. Gen., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

The indictment in this case contained two counts. The first charged that for the calendar year 1936 appellant received as gross income "Fees $78.60 Rents 4,298.85 Royalties 51.26 Other Income 7,249.36 Total $11,678.07," and that for the purpose of evading and defeating income taxes he falsely returned as gross income "Fees $78.60 Royalties 51.26 Rents 4,367.60 Total $4,497.46"; and the second charged that for the calendar year 1937 he received...

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