No. 12000 C. D.

100 F.Supp. 143 (1951)


United States District Court M. D. Pennsylvania.

September 5, 1951.

Attorney(s) appearing for the Case

Arthur A. Maguire, U. S. Atty., Scranton, Pa., Thomas Wood, Jr., Asst. U. S. Atty., Lewisburg, Pa., Edmund Doyle, Dept. of Justice, Washington, D. C., for plaintiff.

Russell J. O'Malley, Scranton, Pa., Thomas D. Caldwell, Harrisburg, Pa., Charles J. Margiotti, and Samuel Goldstein, Pittsburgh, Pa., for defendant.

MURPHY, District Judge.

Defendant, found guilty by verdict of a jury of three violations of § 145(b), Internal Revenue Code, 26 U.S.C.A. § 145 (b),1 moves for a judgment of acquittal and in the alternative for a new trial.2 Defendant was charged with having wilfully and knowingly attempted to defeat and evade a large part of his income taxes

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