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UNITED STATES v. SWIDLER

No. 10979.

207 F.2d 47 (1953)

UNITED STATES v. SWIDLER.

United States Court of Appeals Third Circuit.

Reargued September 14, 1953.

Decided September 25, 1953.

Writ of Certiorari Denied December 14, 1953.

Attorney(s) appearing for the Case

Joseph F. McVeigh, Philadelphia, Pa. (Francis J. Myers and Cornelius C. O'Brien, Philadelphia, Pa., on the brief), for appellant.

W. Wilson White, U. S. Atty., Philadelphia, Pa., James F. Brown, Jr., Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

Writ of Certiorari Denied December 14, 1953. See 74 S.Ct. 274.

BIGGS, Chief Judge.

The appellant, Swidler, was convicted by a jury of income tax evasion in violation of Section 145(b) of the Internal Revenue Code, 26 U.S.C. At the close of the prosecution's case, on May 29, 1952, Swidler moved for a judgment of acquittal pursuant to Rule 29(a), F.R.Crim. Proc. 18 U.S.C. The court denied the motion. Swidler offered no evidence. On June 3, the court charged...

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