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DAVENA v. UNITED STATES

No. 13131.

198 F.2d 230 (1952)

DAVENA v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 18, 1952.

Writ of Certiorari Denied November 10, 1952.

Attorney(s) appearing for the Case

Emmet J. Seawell, Sacramento, Cal., Harold M. Simon, Vista, Cal., for appellant.

Ellis N. Slack, Acting Asst. Atty. Gen., Chauncey Tramutolo, U. S. Atty. Thomas Martin, Asst. U. S. Atty., Clyde R. Maxwell, Jr., Trial Attorney, Penal Division, Bureau of Internal Revenue, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and POPE, Circuit Judges.

Writ of Certiorari Denied November 10, 1952. See 73 S.Ct. 168.

DENMAN, Chief Judge.

This is an appeal from a judgment of conviction on a three-count indictment charging the violation of 26 U.S.C. § 145 (b)1 in the years 1944, 1945 and 1946. The appellant was sentenced to 30 months on each count, the time to run concurrently, and was given a fine of $2500 on the third count.

There are two principal issues raised on...

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