SWAN, Circuit Judge.
The appellants were convicted under an indictment containing four counts. The first three counts charged them with attempting to evade and defeat the income tax liability of appellant Schenck for the calendar years 1935, 1936 and 1937 respectively, contrary to 26 U.S.C.A. Int. Rev.Code, § 145(b). The fourth count charged a conspiracy to commit the crimes alleged in the prior counts. After a lengthy trial the jury found Schenck guilty on counts...
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