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CAVE v. UNITED STATES

No. 13381.

159 F.2d 464 (1947)

CAVE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 7, 1947.

Attorney(s) appearing for the Case

Walter F. Maley, of Des Moines, Iowa (Charles W. Bowers, of Des Moines, Iowa, on the brief), for appellant.

Meyer Rothwacks, Sp. Asst. to Atty. Gen. (Sewall Key, Acting Asst. Atty. Gen., J. Louis Monarch and John Lockley, Sp. Assts. to Atty. Gen., Maurice F. Donegan, U.S. Atty., of Davenport, Iowa and William R. Sheridan, Asst. U. S. Atty., of Keokuk, Iowa, on the brief), for appellee.

Before GARDNER, THOMAS, and JOHNSON, Circuit Judges.

THOMAS, Circuit Judge.

The appellant was indicted and tried upon an indictment in four counts charging separately attempts to defeat and evade federal income taxes for the years 1941 to 1944 inclusive in violation of § 145(b) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 145(b). He was acquitted by the jury on counts one and two involving income taxes for 1941 and 1942 and convicted and sentenced on counts three and four relating respectively...

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