HULEN, District Judge.
Defendant by indictment is charged in three counts with violation of Section 4047 (e) (2), Title 26 U.S.C.A., 53 Stat. 496. Each count of the indictment is the same except as to the date of the offense. The charge in Count One reads as follows: "Cletus H. Gerdel, hereinafter referred to as the defendant, being then and there an officer and agent appointed and acting under the authority of the revenue laws of the United States, to wit, an Accounting...
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