JOHNSEN, Circuit Judge.
Appellant, an undertaker in St. Louis, Missouri, was convicted of attempted income-tax evasion, 26 U.S.C.A. § 145(b), for the years 1945 to 1949 inclusive, through the filing of false and fraudulent returns. The trial was to the court, without a jury.
The indictment alleged that he had knowingly misstated his net income for 1945, as being $3,437.92, whereas it was
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