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MITCHELL v. UNITED STATES

No. 14711.

208 F.2d 854 (1954)

MITCHELL v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 8, 1954.

Attorney(s) appearing for the Case

Howard F. Sachs, Kansas City, Mo. (Phineas Rosenberg, Harlow B. King and Morelock, Hoskins & King, Kansas City, Mo., on the brief), for appellant.

Joseph L. Flynn, Asst. U. S. Atty., St. Joseph, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge and STONE and THOMAS, Circuit Judges.

GARDNER, Chief Judge.

Appellant was indicted, tried and convicted on four counts of an indictment which charged him with attempting to defeat and evade a large part of his income taxes for the years 1945 through 1948. The first count of the indictment charged, "That on or about the 14th day of March, 1946, in the Western Division of the Western District of Missouri, David H. Mitchell, of Kansas City, Jackson County, Missouri, did wilfully and knowingly attempt to...

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