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FISCHER v. UNITED STATES

No. 4747.

212 F.2d 441 (1954)

FISCHER v. UNITED STATES.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 26, 1954.

Attorney(s) appearing for the Case

Isaac Mellman, Denver, Colo. (Gerald N. Mellman, Denver, Colo., on the brief), for appellant.

Clifford C. Chittim, Asst. U. S. Atty., for the Dist. of Colorado, Boulder, Colo. (Donald E. Kelley, U. S. Atty., for the Dist. of Colorado, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The appellant, George Fischer, was convicted on two counts of an indictment which charged him with a willful attempt to defeat and evade a large part of income tax due and owing by him and his wife for the years 1949 and 1950, by filing false and fraudulent joint income tax returns in violation of 26 U.S.C.A. § 145(b).1 He appeals from a two-year sentence of imprisonment on the first count, and five years'...

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