RICK v. UNITED STATES

No. 9358.

161 F.2d 897 (1947)

RICK et al. v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided March 31, 1947.

Rehearing Denied May 21, 1947.


Attorney(s) appearing for the Case

Messrs. Francis C. Brooke and James R. Kirkland, both of Washington, D. C., with whom Mr. Paul B. Cromelin, of Washington, D. C., was on the brief, for appellants.

Mr. John D. Lane, Assistant United States Attorney, of Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, Mr. John P. Burke, Assistant United States Attorney, and Mr. Sidney S. Sachs, Assistant United States Attorney, all of Washington, D. C., were on the brief, for appellee. Mr. John B. Diamond, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.


PRETTYMAN, Associate Justice.

An information was brought in the Municipal Court against appellants for willfully, knowingly and unlawfully attempting to defeat and evade a District of Columbia income tax by filing false and fraudulent returns for the years 1942, 1943 and 1944. The information was brought by the United States Attorney. A motion to quash the information was filed, on the ground that the power to prosecute was...

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