UNITED STATES v. MESSICK

No. 8.

85 F.Supp. 928 (1949)

UNITED STATES ex rel. PAPAIOANU v. MESSICK, United States Marshal.

United States District Court D. Delaware.

September 16, 1949.


Attorney(s) appearing for the Case

John Van Brunt, Jr. (of Killoran & Van Brunt), Wilmington, Del., for relator.

Daniel L. Herrmann, Asst. U. S. Atty, Wilmington, Del., for respondent.


LEAHY, Chief Judge.

The petitioner is charged with income tax evasion as defined by § 145(b) of the Internal Revenue Code, 26 U.S.C.A. § 145 (b). At the Commissioner's hearing he determined probable cause had been shown. The accused was taken into custody. From the order of commitment petitioner seeks a writ of habeas corpus.

The charge is petitioner was guilty of income tax evasion for the year 1943. During that year, he participated as equal partner...

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