SMITH v. UNITED STATES

No. 52.

348 U.S. 147 (1954)

SMITH v. UNITED STATES.

Supreme Court of United States.

Decided December 6, 1954.


Attorney(s) appearing for the Case

W. Arthur Garrity, Jr. argued the cause for petitioner. With him on the brief were Richard Maguire and Paul G. Counihan.

Marvin E. Frankel argued the cause for the United States. With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Holland, Ellis N. Slack and Joseph F. Goetten.


MR. JUSTICE CLARK delivered the opinion of the Court.

This is the third of the net worth cases and the first dealing with the Government's use of extrajudicial statements made by the accused. Petitioner and his wife were jointly tried on five counts charging them with willful attempts to evade and defeat their income taxes for the years 1946 through 1950. A motion for acquittal was granted as to the wife on all five counts, and as to petitioner on the fifth count...

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